Prakash Chandra Pathak v. State of U.P. Thru. Secy. Home Deptt. U.P. Lko. and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 9142 of 2023 Petitioner :- Prakash Chandra Pathak Respondent :- State Of U.P. Thru. Secy. Home Deptt. U.P. Lko. And Others Counsel for Petitioner :- Rahul Yadav 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 thereby commanding and directing the opposite parties/police authorities to conduct the fair and proper investigation in Case Crime No. 0173 of 2023 Under Sections 406/420/467/468/471/120-B I.P.C. Police Station-Vikas Nagar, District-Lucknow, in the interest of justice.

(ii) Issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opposite parties/police authorities to take appropriate and legal action on the First Information Report dated 26.7.2023 lodged in Case Crime No. 0173 of 2023 Under Sections 406/420/467/468/471/120-B I.P.C. Police Station-Vikas Nagar, District-Lucknow during the course of investigation including the arrest of the accused persons."

¶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 him on 26.07.2023 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