Neutral Citation No. - 2025:AHC:60638-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 7057 of 2025 Petitioner :- Shri Krishna Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anil Kumar Counsel for Respondent :- G.A.,Jayant Kumar Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State. 2. Present petition has been filed by the petitioner, brother of accused, who is already in jail, seeking direction to respondents to ensure fair, impartial and proper investigation of the Case Crime no.0065 of 2025 under Section 103(1), 191(2), 191(3), 352, 351(2), 351(3) BNS, Section 3(2)(v) S.C./S.T. Act, P.S. Rura, District Kanpur Dehat. 3. At the very outset, learned A.G.A. raised a preliminary objection that the present writ petition is not maintainable on behalf of brother of accused. He further submits that investigation of an offence is the domain of the police. In support of his submission, he has placed reliance on the order dated 02.08.2017 passed by Division Bench of this Court in Criminal Misc. Writ Petition No.14395 of 2017 (Rupesh Kumar Singh and another vs. State of U.P. and others). He submits that writ petition is liable to be dismissed being non maintainable. 4. We have perused the record and finds substance in the objection so raised by learned A.G.A. Prima facie cognizable offence is made out against the petitioner. The power to investigate into the cognizable offences by the police is ordinarily not impinged by any fetters. However, such power has to be exercised consistent with the statutory provisions and for legitimate purpose. The Courts ordinarily should not interfere in the matters of investigation by police, particularly, when the facts and circumstances do not indicate that the investigating officer is not functioning bona fide. In very exceptional cases, however, where the Court finds that the police officer has exercised his investigatory powers in breach of the statutory provision putting the personal liberty and/or the property of the citizen in jeopardy by illegal and improper use of the power or there is abuse of the investigatory power and process by the police officer or the investigation by the police is found to be not bona fide or the investigation is tainted with animosity, the Court may intervene to protect the personal and/or property rights of the citizens. 5. 5. In the present case, nothing adverse has been placed before us showing that there is abuse of investigatory power and process by the Investigating Officer. In the light of judgement passed in Rupesh Kumar Singh (supra) we are not inclined to proceed further in the matter. Even the writ petition at the behest of brother of accused also cannot be accepted at this stage. 6. The writ petition is dismissed. (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 22.4.2025 A. Pandey Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad