HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 6259 of 2025 Court No. - 48 HON'BLE CHANDRA DHARI SINGH, J. HON'BLE LAKSHMI KANT SHUKLA, J. 1. The instant writ petition has been filed by the petitioner for issuance of writ order or direction in the nature of mandamus directing the respondent no.2 to change the investigating officer and also to search the son of the petitioner namely Shivam Kumar Singh and further to take appropriate action against the respondent nos. 5 to 9 in pursuance of F.I.R. dated 19.09.2024 registered as Case Crime No. 292 of 2024, under Sections 364, 302, 120-B, 323, 504, 506, 201 I.P.C., Police Station - Kuber Asthan, District - Kushinagar, in accordance with Law. 2. Learned counsel appearing on behalf of the petitioner submitted that there is no recovery of son of petitioner has been made by the police authority yet. The investigating officer has recovered the motorcycle and belt of the petitioner's son. It is further submitted that the accused persons are influential persons of the society and they are manipulating the entire investigation. It is submitted that in spite of one year having passed the police have not investigated the matter properly, not completed the investigation and have not filed the charge sheet. 3. Learned counsel appearing on behalf of the petitioner further submitted that the respondent concerned may be directed by this Court to investigate the matter properly and fairly and to recover the son of petitioner. 4. Per contra, Sri S.K. Ojha, learned AGA appearing on behalf of the State-respondents vehemently submitted that it is wrong to say that the police has not investigated the matter fairly and properly. It is further Versus Counsel for Petitioner(s) : Namit Srivastava Counsel for Respondent(s) : G.A., Parul Srivastava Smt Kismati Devi .....Petitioner(s) State Of U.P. And 8 Others .....Respondent(s) submitted that the Superintendent of Police, Kushinagar has filed his personal affidavit stating therein that accused persons have already been arrested by the police and some recovery were also made by the Investigating Officer. It is also submitted that after completion of the investigation, the charge sheet has already been submitted before the concerned Court. In support of his argument, learned AGA has referred the paragraph no.4, 9, 10, 12 and 13 of the personal affidavit filed by the Superintendent of Police on 02.09.2025. 5. Learned AGA has also placed the written instruction submitted by In- charge Inspector, Police Station Kuber Asthan, District - Kushinagar before this Court for perusal and submitted that after conclusion of investigation charge sheet has been filed against Sanjeev Kumar Gupta, son of Nand Lal Gupta and at present he is under custody. 6. Learned AGA further submitted that since the investigation has already been completed and charge sheet has been filed, the police authority has already arrested the accused persons, therefore, there is nothing left for further adjudication. The instant writ petition is devoid of merit and is to be dismissed 7. Heard learned counsel appearing on behalf of the petitioner, Sri S.K. Ojha, learned AGA appearing on behalf of the State, perused the averments made in personal affidavit as well as averments made in the written instructions. 8. It is admitted fact that accused persons have already been arrested by the investigating agency, the charge sheet has already been filed in the court concerned. After examining the material on record and considering the submissions made by the parties, this Court finds that the investigation is being conducted in accordance with law and there is no apparent bias or mala fides. 9. The petitioner is not able to demonstrate any specific irregularity or illegality in the investigation that would warrant interference by this Court. Part investigation is ongoing and the Court is of the view that it would be inappropriate to interfere with the investigation at this stage. CRLP No. 6259 of 2025 2 10. The grounds raised by the petitioner are matter of investigation, and the investigating agency is best suited to assess the evidences and proceed accordingly. 11. Taking into consideration the above-said discussions, we do not find any cogent reason to invoke the extra-ordinary jurisdiction for issuance of mandamus as prayed in the instant writ petition. 12. Accordingly, the writ petition is dismissed. October 7, 2025 Atul CRLP No. 6259 of 2025 3 (Lakshmi Kant Shukla,J.) (Chandra Dhari Singh,J.) Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad