Radheyshyam v. State of U.P. Thru. Prin.Secy. Home and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 8915 of 2023 Petitioner :- Radheyshyam Respondent :- State Of U.P. Thru. Prin.Secy. Home And Others Counsel for Petitioner :- Nisha Srivastava Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J.

(1) Heard the learned counsel for the petitioner and the learned A.G.A. who appears for the Opposite party nos.1 to 4.

(2) This petition has been filed by the petitioner with the following main prayer:-. "1) Issue a writ order or direction in the nature of Mandamus commanding and directing the Opposite parties to ensure free, fair, and transparent investigation of the Case Crime No.0296 of 2022, under Sections 419, 420, 467, 468, 471 I.P.C., at Police Station Kotwali, District Barabanki, and submit the Charge-sheet within a period stipulated by this Hon'ble Court."

(3) It is the case of the petitioner that the FIR was lodged by him on 29.03.2022 against known persons. The Investigating Officer is not taking interest in proper investigation of the case. Hence this petition has been filed.

(4) Learned 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.

(5) This 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 :- 22.11.2023 N.PAL High Court of Judicature at Allahabad, Lucknow Bench