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Judgment
Pankaj Purohit, J
By means of present writ petition, petitioner has prayed for the following relief:-
“(i) Issue a writ, order or direction in the nature of mandamus to direct the respondent no.1 to form an S.I.T (Special Investigating Team) for the investigation of the impugned FIR dated 09.05.2025 being FIR No.78/2025, U/s 75(1) & 351(3) of BNS, 2023 and Section 9 & 10 of the POCSO Act, 2012, lodged at PS Pantnagar, District Udham Singh Nagar or to transfer and monitor the investigation of the FIR dated 09.05.2025, being FIR No.78 of 2025, U/s 75(1) & 351(3) of BNS, 2023 and Section 9 & 10 of the POCSO Act, 2012, lodged at P.S. Pantnagar, District Udham Singh Nagar to the another police station and the petitioner is also praying from this Hon’ble Court to call for the records of investigation of impugned FIR (i.e. 183 BNSS statement) and examine the sections endorsed by the police officer in the impugned FIR in accordance with the statement.”
It is contended by learned counsel for the petitioner that police is not properly investigating the matter and is giving undue advantage to the accused since he is a retired police officer.
The instruction in the matter has been received. In the instruction, statement of the victim recorded by the police under Section 183 of the BNSS has been brought on record and the same is taken on record.
I have perused the FIR as well as the statement of the victim recorded under Section 183 of the BNSS, it appears that grievance of the petitioner is only this much that respondent no.4 has been released by the police on the notice under Section 35(3) of the BNSS, 2023.
Keeping in view the offence alleged against the respondent no.4, he is entitled to be put on notice under Section 35(3) of the BNSS, 2023. In view of the aforesaid facts, there is nothing in the writ petition which requires interference by this Court. Accordingly, the same is dismissed in-limine.
Pending application, if any, stands disposed of accordingly.