- Court
- High Court of Judicature at Allahabad
- Decided
- 13 October 2023
- Bench
- Sangeeta Chandra, Karunesh Singh Pawar
- Case no.
- 7955/2023
Judgment
Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 7955 of 2023 Petitioner :- Manoj Kumar Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. And Others Counsel for Petitioner :- Bhanu Pratap Singh Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Karunesh Singh Pawar,J.
(1) Heard the learned counsel for the petitioner and the learned A.G.A. who appears for the Opposite party nos.1 to 4.
(2) This petition has been filed by the petitioner with the following main prayer:-. "1) Issue a writ order or direction in the nature of Mandamus thereby commanding and directing the Opposite parties to conduct the fair and proper investigation in Case Crime No.420 of 2023, under Sections 354, 457, 323, 504, 506 I.P.C. and Section 9m/10 P.O.C.S.O. Act, Police Station Ram Gaon, District Bahraich."
(3) It is the case of the petitioner that the FIR was lodged by him on 21.09.2023 against known persons. The Investigating Officer is not taking interest in proper investigation of the case. Hence this petition has been filed.
(4) Learned A.G.A. on the other hand, has raised a preliminary objection saying that for the relief, as claimed in this petition, the petitioner has statutory remedy of filing a Complaint/ Application before the Judicial Magistrate, concerned, under Section 156 (3) Cr.P.C. as observed by the Hon'ble Supreme Court in the case of Sakiri Vasu Vs. State of U.P. and Others reported in 2008 (2) SCC 409, an application can be filed to the Magistrate concerned who has very wide powers to direct and ensure a proper investigation. He can also monitor such investigation that the investigation is done properly.
(5) This petition is finally disposed of with a direction to the petitioner to approach the Magistrate concerned under Section 156 (3) Cr.P.C., who shall look into the matter and ensure that justice is done to the Complainant/ Informant. Order Date :- 13.10.2023 N.PAL High Court of Judicature at Allahabad, Lucknow Bench
Source: High Court of Judicature at Allahabad, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.