Sandeep Rajpoot v. State of U.P. Thru. Addl. Chief Secy. Home Sectt. Lko and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 8653 of 2023 Petitioner :- Sandeep Rajpoot Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Sectt. Lko And Others Counsel for Petitioner :- Yuga Raj Singh,Vandana Rawat Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,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:- "I. a writ, order or direction in the nature of Mandamus thereby directing the opposite party no. 4 to investigate the matter fairly and properly and take appropriate legal action against the named accused person who is the accused in case crime No. 629 of 2023 under section 366 I.P.C., Police Station Thakurganj, District Lucknow and take appropriate action for recovery of daughter of petitioner, to secure the ends of justice. II. a writ, order or direction in the nature of Mandamus thereby directing the opposite party no. 2 to 4 to take appropriate action against accused person and recover the daughter of the petitioner or issue direction to appoint any other Investigation Agency for fair and proper investigation of the case crime No. 0629 of 2023 under section 366 I.P.C., Police Station Thakurganj, Lucknow."

¶3It is the case of the petitioner that an F.I.R. was lodged by him on 13.09.2023 against one Yash Lalwani. 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 :- 8.11.2023 Darpan Sharma High Court of Judicature at Allahabad, Lucknow Bench