HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 23163 of 2025 Court No. - 47 HON'BLE RAJEEV MISRA, J. HON'BLE DR. AJAY KUMAR-II, J. 1. Heard Mr. Vijai Kumar Misrha, the learned counsel for petitioner and the learned Additional Government Advocate for State-respondents 1, 2 and 3. 2. Perused the record. 3. The present writ petition has been filed with following prayer: " A. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent nos. 2 and 3 for complete the Investigation within statutory period as prescribed under section 193 of BNSS in Case Crime No.0523 of 2024, under sections 191(2), 319(2), 318(4), 338, 336(3), 340(2), 316(2), 351(2) BNS 2023 IPC at Police Station Badagaon, District Varanasi, arising out of FIR dated 09.12.2024 lodged by the petitioner, expeditiously, if possible within stipulated time. B. Issue a writ order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case. C. Award the cost of the petitioner." 4. On the matter being taken up, the learned A.G.A. has raised a preliminary objection by contending that the petitioner had earlier approached this Court by filing Criminal Misc. Writ Petition No.13254 of 2025 (Istiyaque Ahmad vs. State of U.P. and 11others), which was finally disposed of by this Court vide order dated 20.06.2025. For ready reference, the order dated 20.06.2025 is reproduced herein below: "Heard learned counsel for the petitioner and the learned AGA for the State- respondents. Versus Counsel for Petitioner(s) : Vijai Kumar Mishra Counsel for Respondent(s) : G.A. Ishtiyaque Ahmad .....Petitioner(s) State Of U.P And 11 Others .....Respondent(s) This petition has been filed for fair investigation in case crime no. 0523 of 2024, under Sections 191(2), 319(2), 318(4), 338, 336(3), 340(2),316(2), 351(2) B.N.S. 2023, Police Station Badagaon, District Varanasi, with regard to the first information report dated 19.12.2024. Accordingly, this petition is disposed of with direction to the Investigating Officer to make all efforts of completing the investigation within statutory period. In case of failure, it shall be open for the petitioner to approach the Trial Court for monitoring the investigation as per judgement of the Apex Court in the case of Sakiri VasuVs. State of U.P. LAWS(SC)-2007-12-69" 5. On the above, the learned A.G.A. contends that in case of any grievance with fair investigation, this Court has already directed the petitioner to approach the trial Court. However, in stead of complying with the direction of this Court as noted above, the petitioner has again approached this Court by means of present writ petition. In view of the above, the present writ petition is not maintainable and is, therefore, liable to be dismissed. 6. When confronted with above, the learned counsel for petitioner has fairly submitted that present writ petition be dismissed as withdrawn. 7. Learned A.G.A. representing State-respondents have no objection to the prayer made by the learned counsel for petitioner. 8. In view of the above, the present writ petition is, accordingly, dismissed as withdrawn. October 13, 2025 Monika CRLP No. 23163 of 2025 2 (Dr. Ajay Kumar-II,J.) (Rajeev Misra,J.) Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad