Rahul Kumar Vidyarthi v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 8021 of 2023 Petitioner :- Rahul Kumar Vidyarthi Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Shankar Lal Pandey Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J.

¶1Heard learned counsel for the petitioner and learned A.G.A. who appears on behalf of the State Respondents.

¶2This petition has been filed with the following main prayer:- "Issue writ order in nature of mandamus commanding to concerned opposite parties that they consider the case of petitioner and investigate the Case Crime/FIR No. 0344/2023 under section 406 of IPC, PS-Ashiyana, District Lucknow and further to ensure the fair and speedy investigation within reasonable time, in the interest of justice."

¶3For the orders proposed to be passed, notice to the private respondent is dispensed with.

¶4It is the case of the petitioner that an F.I.R. was lodged by him on 16.08.2023 against the private respondents. The Investigating OfÏcer is not taking interest in proper investigation of the case. Hence this petition has been filed.

¶5Learned 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.

¶6This 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 :- 16.10.2023 Darpan Sharma High Court of Judicature at Allahabad, Lucknow Bench