HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9033 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J. 1. Heard. 2. Instant petition has been filed praying for a mandamus commanding the respondents to register a fresh FIR or alter the existing FIR by incorporating the correct and relevant provisions including Sections 64, 65 and 70 of BNS, 2023 and the provisions of the POCSO Act, 2012 treating the earlier FIR as defective. 3. A further prayer is for a mandamus commanding the respondents to transfer the investigation of Case Crime No.0265/2025 to an independent agency and further to re-record the statement of the minor victim under Section 180 of BNSS read with Section 161 Cr.P.C. and under Section 183 of BNSS read with Section 164 Cr.P.C. 4. The contention of the learned counsel for the petitioner is that after an FIR was lodged by the petitioner on 04.10.2024 whereby an incident pertaining to his daughter was alleged which FIR was lodged against an unknown person, one Sri Ajay and the wife of Sri Newaj, the police have recorded the statement of his daughter under due coercion and undue influence. Realizing this, the daughter of the petitioner had submitted a complaint dated 07.06.2025, a copy of which is Annexure-3 to the petition, indicating that an offence has been committed against her and that her statement has not been correctly recorded. Versus Counsel for Petitioner(s) : Rana Pratap, Rajesh Kumar Singh, Suresh Kumar Yadav Counsel for Respondent(s) : G.A. Rajendra .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others .....Respondent(s) 5. Placing reliance on the aforesaid complaint, the aforesaid reliefs have been prayed for. 6. On the other hand, learned AGA states that a charge sheet has already been submitted. The matter has been investigated against three persons and an offence has only been found against one Sri Ajay alias Vijay Yadav, who has been found to be a juvenile and the matter has now been sent to the Juvenile Justice Board, Bahraich on 22.12.2024. The further contention is that in the statement of the girl recorded under Section 183 of the BNSS she has indicated that no wrong act has been committed against her. Further contention of learned AGA is that in case the petitioner has got any grievance it would always be open for him to move an appropriate application under Section 319 Cr.P.C. (now Section 358 of BNSS) before the learned Trial Court apart from the fact that the learned Magistrate is also not precluded from exercising his power under Section 173(8) of Cr.P.C. [now Section 193(9) of BNSS] for further investigation. 7. Having heard learned counsels for the parties and having perused the records, it emerges that after the FIR was lodged against the aforesaid persons the matter had been investigated against three persons of which only one person has been found to have been involved who incidentally has also been found to be a juvenile and the matter has been referred to the Juvenile Justice Board, Bahraich. 8. The statement of the victim has also been recorded under Section 183 of BNSS per which she has specifically stated that no wrong act has been committed against her. 9. Considering the aforesaid, it is thus apparent that none of the reliefs as have been prayed for by the petitioner can be granted by this Court even though an application has been filed by the victim indicating to the contrary. 10. Nevertheless, it would always be open for the petitioner to move an appropriate application under Section 358 of the BNSS before the learned Trial Court which would be considered by the learned Trial Court in accordance with law. CRLP No. 9033 of 2025 2 11. The writ petition is accordingly disposed of. October 7, 2025 A. Katiyar CRLP No. 9033 of 2025 3 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench