HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10143 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE ZAFEER AHMAD, J. 1. Heard Sri Vijay Kumar Verma, learned counsel for the petitioner and learned AGA or the State. 2. This petition has been filed for a direction to conduct fair and transparent investigation in Case Crime No. 198/2025, under Section 109(1), 351(3)m 352 BNS (corresponding to Section 307, 506, 504 IPC converted into Section 115(2), 352, 351(3) BNS (corresponding Section 323, 506, 504 IPC), Police Station Rupaidiha, District Bahraich on 3.7.2025. 3. It has further been prayed that a direction be issued to opposite party no.2 i.e. Superintendent of Police, Bahraich to appoint the competent investigating officer instead of current investigating officer for conducting fair and transparent investigation in the aforesaid case crime and to transfer the investigation to another investigating agency for proper and fair investigation. 4. Learned counsel for the petitioner submits that the impugned FIR was lodged on 3.7.2025 in regard to an incident in which the petitioner had suffered serious injuries which includes a wound of 11 cm x 11 cm over left side of skull region from the head region, frontoparietal region distance from left eyebrow is 8 cm above but till date neither investigation has been concluded in a fair and proper manner nor charge sheet has been Versus Counsel for Petitioner(s) : Vivek Kumar Verma, Rohit Kumar Verma Counsel for Respondent(s) : G.A. Pankaj Kumar Verma .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And 4 Others .....Respondent(s) filed in appropriate sections. 4. Learned AGA on the basis of instructions dated 29.10.2025, received from Sri Rahul Saroj, SI, Police Station Rupadiha, District Bahraich, a copy of which has been produced before this Court and taken on record, submits that the investigation has been concluded after dropping Section 109(1) BNS on 30.7.2025 and adding Section 110/115(2) BNS and the charge sheet no. A248/2025 dated 24.9.2025 under Section 115(2), 352, 351(3) BNS has been forwarded to the Circle Officer, P.S. Nanpara, District Bahraich. 5. Faced with above, learned counsel for the petitioner submits that only in order to save the accused Section 109(1) BNS has been dropped against the accused in collusion with him by the investigating officer, whereas even if the doctor has mentioned that injury is simple in nature, the perusal of injury indicates that it was not simple and there were 11 stitches on account of the injury suffered in the said incident, therefore, charge sheet has also not been filed in court till date. 6. In view of above, the petition is disposed of with liberty to the petitioner to move a representation before the Circle Officer/Supervisory Authority raising all the pleas and in case any such representation is filed within a period of one week from today, the same shall be considered by the Circle Officer/Supervising Authority and appropriate decision shall be taken in accordance with law independent of the findings recorded in the charge sheet in regard to further action thereon. November 10, 2025 Fahim/- CRLP No. 10143 of 2025 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- MOHD FAHIM AKHTAR High Court of Judicature at Allahabad, Lucknow Bench