Dharmendra v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko. and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 8831 of 2023 Petitioner :- Dharmendra Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And Others Counsel for Petitioner :- Vijay Prakash Srivastava Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Mrs. Jyotsna Sharma,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 directing the opposite party no.3 conclude the fair investigation of the case crime/ F.I.R. No.13 of 2023, under Section -323, 504, 506 I.P.C. after taking evidence i.e. treatment paper from the petitioner by investigating officer of the aforesaid case crime of police station-Badosarai, District Barabanki. "

¶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 15.01.2023 against 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 :- 18.11.2023 Rahul High Court of Judicature at Allahabad, Lucknow Bench