HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 20324 of 2025 Court No. - 42 HON'BLE VIVEK KUMAR BIRLA, J. HON'BLE PRAMOD KUMAR SRIVASTAVA, J. 1. Heard Sri Anoop Bhaiya Lal Shukla, learned counsel for the petitioner and Sri G.P. Sigh, learned AGA appearing for the State respondents and perused the record. 2. Present petition has been filed with a prayer to direct the Superintendent of Police Jaunpur to ensure the further investigation of the crime being Case Crime No. 208 of 2024, under Section 395 IPC, P.S. Kerakat, District Jaunpur by trnasferring the investigation of some other investigating officer. 3. We find that in first information report dated 11.6.2024, registered as Case Crime No. 0208 of 2024, under Sections 395 IPC, P.S. Kerakat, District Jaunpur, five accused persons were named and one unknown person was also mentioned as sixth accused in the said first information report. 4. It is not in dispute that in the aforesaid case crime no. 0208 of 2024, chargesheet has been submitted under Sections 147, 323, 504, 506, 427 IPC P.S. Kerakat, District Jaunpur against all the named five accused persons, namely, Pradumn Yadav, Amit Yadav, Rajneesh Yadav, Pradeep Yadav, Gautam Yadav, cognizance whereof has also been taken by the ACJM, First, Jaunpur on 7.12.2024. 5. The petitioner is praying for further investigation in the present case Versus Counsel for Petitioner(s) : Anoop Bhaiya Lal Shukla Counsel for Respondent(s) : G.A. Ayush Upadhyay .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) against the sixth unknown accused as mentioned in the first information report and for this purpose he has filed an application before the Superintendent of Police, Jaunpur to further investigate the matter. 6. Admittedly, the unknown person is the sixth accused as alleged in the first information report and he was not chargesheeted. 7. Learned counsel for the petitioner has placed reliance on a judgement of Hon'ble Apex Court rendered in the case of Babaubhai and others vs. State of Gujarat and others, (2010) 10 SCC 254 in support of his arguments. 8. We find that in the present case the petitioner has not moved any application before the competent court concerned with the prayer so made in the present petition. Further, the petitioner would have remedy in other provisions of Cr.P.C./ BNSS. We, therefore, find no good ground to entertain present petition for the prayer so made in the present petition. 9. Present petition is accordingly dismissed, however, without prejudice to the right of the petitioner to avail statutory remedy as may be available to him in law. September 11, 2025 Abhishek CRLP No. 20324 of 2025 2 (Pramod Kumar Srivastava,J.) (Vivek Kumar Birla,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad