Shashi Bala v. State of U.P. Thru. Secy. Deptt. of Home Civil Sectt. Lko and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 9140 of 2023 Petitioner :- Shashi Bala Respondent :- State Of U.P. Thru. Secy. Deptt. Of Home Civil Sectt. Lko And Others Counsel for Petitioner :- Arjun Singh Kalhans,Amrita Singh,Brijesh Singh Vishen,Prem Kumar Dwivedi,Rudresh Pandey,Sanjay Mudgal,Yogesh Gupta 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. Issue a writ, order or direction in the nature of Mandamus, by issuing directions to the opposite parties to make proper, fair, impartial and effective investigation in stipulated time in F.I.R. No. 530/2020, under section 409,420,504,506 I.P.C., Police Station-Gomti Nagar, District-Lucknow on dated

16.06.2020 in the light of documentary evidence. Being annexed as Annexure No.-1 to this writ petition. ii. Issue a writ, order or direction in the nature of Mandamus commanding the opposite party no. 1 and 2 to setup the inquiry to fixed the accountable of responsible person aforesaid case crime of investigation."

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

¶4It is the case of the petitioner that an F.I.R. was lodged by her on 16.06.2020 against the private respondent. The Investigating Officer 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 :- 1.12.2023 Darpan Sharma High Court of Judicature at Allahabad, Lucknow Bench