Neutral Citation No. - 2025:AHC:40699-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 5200 of 2025 Petitioner :- Arshad @ Manager And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Anil Kant Tripathi,Praveen Kumar Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard Shri A.K. Tripathi, learned counsel for the petitioners, Shri Paritosh Malviya, learned AGA-I for the State respondents and perused the record. 2. The petitioners i.e. two accused persons namely Arshad @ Manager and Shahid, who are in jail since 09.09.2024 have invoked writ jurisdiction under Article 226 of the Constitution of India inter-alia seeking following reliefs:- "(i) issue a writ, order or direction in the nature of mandamus commanding the respondents no.1, 2, 3 & 4 to make effective efforts to search/trace the alleged abductees/missing, Chandra Rekha and her daughter Kajal by interogation of Sanjay Nishad, the brogher of abductee who had chat with abductee on 30.08.2024 after four moths four days of the alleged incident or by any effective means and produce her before the concerned court within stipulated period as fixed by this Hon'ble Court, so that truth may come. (ii) issue a writ, order or direction in the nature of mandamus directing the respondent nos.1, 2 & 3 make a scrutiny of the evidences collected by investigating officer and in absence of any cogent evidence against the petitioners, they proceed under provisions of 321 Cr.P.C. for withdrawal of the case no.9828 of 2024 (State v. Shahid and others) arising out of case crime no.118 of 2024, under sections 363, 366 IPC, P.S. Kanharapur, District Azamgarh pending before Additional Chief Judicial Magistrate, Court No.10, Azamgarh." 3. The relief is resisted by learned AGA on three folds, firstly he submits that in case crime no.118 of 2024, under sections 363 and 366 IPC, P.S. Kanharapur, District Azamgarh, chargesheet has already been submitted against both the petitioners in the Court. Secondly, the learned Single Judge has already rejected bail application of second petitioner being Criminal Misc. Bail Application No.39126 of 2024 (Shahid v. State of U.P.) vide order dated 28.11.2024. Thirdly, the petitioners are accused and the instant writ petition on their behalf is not maintainable. The relief as has been pressed that till date the daughter of respondent no.5 along with her daughter has not been traced out, is misconceived and the same can only be pressed before the Court below. 4. Considering the factual situation, we are not inclined to entertain instant writ petition and accord any relief. Needless to say that Cr.P.C./Bhartiya Nagrik Suraksha Sanhita, 2023 is a self-contained Act, leaving it open for the petitioners to seek appropriate forum for appropriate relief, this writ petition is accordingly dismissed. Order Date :- 20.3.2025 S.P. (Prashant Kumar,J.) (M.C. Tripathi, J) Digitally signed by :- SANJAY PURI High Court of Judicature at Allahabad