Neutral Citation No. - 2025:AHC:55812-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 7210 of 2025 Petitioner :- Dr. Arshiya Eram Rahmani Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Qazi Vakil Ahmad 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. Present petition has been filed seeking direction to the respondents authority to conduct the proper & fair investigation under Section 173(8) Cr.P.C. in Case Crime No.88 of 2023, under Sections 427, 504, 354, 506, 385, 380 and 147 IPC, P.S. Chaman Ganj, District Kanpur Nagar. 3. Learned counsel for the petitioner has placed reliance on the order dated 10.09.2024 passed by the Commissioner of Police, Kanpur Nagar whereby he had directed the Deputy Commissioner of Police, Kanpur Nagar for ensuring further investigation in the instant matter. He further submits that inspite of said order till date the investigation has not been ensured. He has precisely prayed that the direction may be issued to the authorities concerned to ensure fair and proper investigation under Section 173(8) Cr.P.C. 4. The relief claimed by the petitioner has been resisted by learned AGA on the premise that admittedly the accused, Saiyad Mohammad Suhaib and another have invoked the jurisdiction of this Court by filing an Application U/S 482 Cr.P.C. bearing Application U/S 482 Cr.P.C. No.12476 of 2024 praying for quashing of the entire proceeding of Criminal Case No.191924 of 2023, arising out of Case Crime No.88 of 2023, under Sections 427, 504, 354, 506, 385, 380 and 147 IPC, P.S. Chamanganj, District Kanpur Nagar as well as cognizance/summoning order dated 08.12.2023, pending in the Court of Additional Civil Judge (Junior Division), 10th, Kanpur Nagar wherein the learned Single Judge vide order dated 20.01.2025 has stayed further proceedings of the said case until further orders. He further submits that once the learned Single Judge has already stayed the further proceedings of Case Crime No.88 of 2023, under Sections 427, 504, 354, 506, 385, 380 and 147 IPC, P.S. Chaman Ganj, District Kanpur Nagar and the said mater is pending consideration, the relief as has been prayed for is totally misconceived as the writ court cannot circumvent the order passed by the learned Single Judge in an Application U/S 482 Cr.P.C. 5. Considering the factual situation, we have proceeded to examine the record and find that in the said proceeding after investigation police report under Section 173(2) Cr.P.C. has been submitted before the Court of competent jurisdiction and the cognizance has also been taken and the learned Single Judge vide order dated 20.01.2025 has stayed the further proceedings pending before the Court below, therefore, the relief as has been prayed is declined being totally misconceived. However, it is left open to the petitioner to pursue his remedy in the ongoing proceeding pending before the learned Single Judge under Section 482 Cr.P.C. 6. Accordingly, the writ petition is disposed off. Order Date :- 16.4.2025 S.P. (Prashant Kumar,J) (M. C. Tripathi,J) Digitally signed by :- SANJAY PURI High Court of Judicature at Allahabad