Neutral Citation No. - 2025:AHC:50059-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 6421 of 2025 Petitioner :- Rajesh Kumar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Manju Pandey Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State- respondents. 2. The instant writ petition is preferred praying for the following relief: "I. to issue a writ order or direction in nature of mandamus by directing the respondents to, conduct free and fair investigation in Case Crime No. 0223/2024, Under Sections 283, 304-A I.P.C. Police Station- Sachendi, District Kanpur Nagar which is registered on 08.07.2024. II. to issue a writ order or direction in nature of mandamus direct an independent and impartial re-investigation of the case by a competent authority or agency, such as the Central Bureau of Investigation (CBI) or a Special Investigation Team (SIT), to ensure a fair and transparent investigation into the negligence and lapses that led to the accident and the death of the petitioner's son. III. to issue a writ order or direction in nature of mandamus direct the investigating agency to include the contractor, project manager, and other officers responsible for the maintenance and safety of the road in the charge sheet, as their negligence directly contributed to the accident." 3. Learned counsel for the petitioner submits that the investigation has not been conducted fairly. He further submits that this court being higher court has ample power to direct further investigation in the present case and the matter should be transferred to a Special Investigation Team (SIT). 4. Learned A.G.A., on instructions, states that in the present matter, no cause of action survives under Article 226 of the Constitution of India, as the investigation has already been completed in the form of a police report submitted to the concerned court, and cognizance has also been taken on 06.01.2025. The learned A.G.A. further submits that the petitioner is not bereft of remedy, as adequate relief can be sought under Section 311 Cr.P.C. (Section 348 BNSS) and Section 319 Cr.P.C. (Section 358 BNSS). 5. Considering the factual situation, we are not inclined to entertain the instant petition. However, it is open to the petitioner to seek appropriate relief under Section 311 Cr.P.C. (Section 348 BNSS) and Section 319 Cr.P.C. (Section 358 BNSS). 6. With the aforesaid leave, the writ petition is disposed of. Order Date :- 8.4.2025 NLY (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad