HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 20783 of 2025 Court No. - 45 HON'BLE SALIL KUMAR RAI, J. HON'BLE ZAFEER AHMAD, J. The present writ petition has been filed for the following reliefs :- "I. Issue a writ, order or direction in the nature of certiorari and quash the impugned first information report dated 08.01.2025 (Annexure 1) of Case Crime Number 0013 of 2025 registered at Police Station-Chandausi, Sambhal, District-Sambhal for the offence under Section 115(2), 123, 308(2), 309(4), 324(4), 351(1), 70(1) B.N.S., 2023 and 67a of I.T. (Amendment) Act, 2008. II. Issue a writ, order or direction in the nature of mandamus to commanding the respondent number 2, 3 and 5 and restrain them from arrest of the petitioners during the pendency of the instant writ petition before this Hon'ble Court in relatoin of Case Crime No. 0013 of 2025 registered at Police Station-Chandausi, Sambhal, District-Sambhal for the offence under Section 115(2), 123, 308(2), 309(4), 324(4), 351(1), 70(1) B.N.S., 2023 and 67a of I.T. (Amendment) Act, 2008." It has been argued by the counsel for the petitioners that a final report has already been submitted in the aforesaid Case Crime No. 0013 of 2025 and a protest petition filed by the informant against the final report is still pending. It has been argued by the counsel for the petitioners that no fresh evidence is available to the police so as to further investigate the case while issue regarding acceptance of the final report and the merits of the protest petition are still pending before the concerned court. Under Section 193(9) of B.N.S.S, 2023, the Investigating Officer of the case has the power to investigate the case even after submitting a report under Section 193(3) B.N.S.S., and in case on investigation Versus Counsel for Petitioner(s) : Shreesh Srivastava, Sujan Singh Counsel for Respondent(s) : G.A., Rajeev Kumar Rai Anshul Tanatan And 4 Others .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) he obtains further evidence he shall forward the Magistrate a further report or reports regarding such evidence. In view of the aforesaid, the contention of the counsel for the petitioners is not accepted. The counsel for the Caveator has also informed the Court that the case is, at present, not being investigated by the Sambhal Police and Case Crime No. 0013 of 2023 is not under investigation. It has been stated that the matter has been transferred to Aligarh and Case Crime No. 432 of 2025 has been registered at Aligarh which is under investigation. In view of the aforesaid, the prayer is not maintainable. For the aforesaid reasons, the present petition is dismissed. September 16, 2025 Anurag/- CRLP No. 20783 of 2025 2 (Zafeer Ahmad,J.) (Salil Kumar Rai,J.) Digitally signed by :- ANURAG KUMAR VERMA High Court of Judicature at Allahabad