Smt. Gayatri Alias Dayatvi Narayan v. State of U.P. Thru. Secy. Home Deptt. Lko. and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 8280 of 2023 Petitioner :- Smt. Gayatri Alias Dayatvi Narayan Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Seraj Ahmad Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Karunesh Singh Pawar,J.

¶1Heard the learned counsel for the petitioner and the learned A.G.A. who appears for the State.

¶2This petition has been filed by the petitioner with the following main prayer:- "ISSUE a writ, order or direction in the nature of Mandamus commanding and directing the opposite parties no. 1 to 3 to make investigation in Case crime no. 380/2023 U/s 498-A /323/504/506/ 308 I.P/C. And 3/4 Dowry Prohibition Act Police Station Ashiyana, District Lucknow and arrest the accused persons and to provide proper security to the petitioner."

¶3It is the case of the petitioner that an F.I.R. was lodged by him on 31.07.2023. The Investigating Officer is not taking interest in proper investigation of the case. Hence this petition has been filed.

¶4Learned 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.

¶5This 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 :- 19.10.2023 R.C. High Court of Judicature at Allahabad, Lucknow Bench