Shyam Lal v. State of U.P. Thru. Secy. Home Deptt. Civil Sectt. Lko and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 8632 of 2023 Petitioner :- Shyam Lal Respondent :- State Of U.P. Thru. Secy. Home Deptt. Civil Sectt. Lko And Others Counsel for Petitioner :- Chandra Kishore,Rajesh Kumar Shukla Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,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:- "a) Issue a writ, order or direction in the nature of MANDAMUS thereby commanding and directing the opposite parties/ police authorities to conduct the fair and proper investigation in F.I.R./ Case Crime No.0313 of 2022 Under Sections 419/420/467/468/471/323/504/427/506 I.P.C. Police Station-Jayas District-Amethi, in the interest of justice."

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

¶4It is the case of the petitioner that an F.I.R. was lodged by him on 30.10.2022 against accused persons. 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 :- 8.11.2023 Rahul High Court of Judicature at Allahabad, Lucknow Bench