Durgesh Kumar v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and 6 Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 9196 of 2023 Petitioner :- Durgesh Kumar Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And 6 Others Counsel for Petitioner :- Ajay Kumar 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 directing to the respondent No. 2 & 3 to conclude fair and impartial investigation of case registered as Case Crime No. 0343/2023 Under Section 323,504,506 I.P.C. and 3(1)(r), 3(1)

(s) of SC/ST Act Police Station Motigarpur, District Sultanpur On dated 29.10.2023 which is contained as Annexure No. 1 to this writ petition. ii. Issue a writ, order or direction in the nature of Mandamus directing the respondent No. 2, 3 & 4 to arrest the Respondent No. 5, 6 & 7 in the aforesaid case crime."

¶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 29.10.2023 against the private respondents. 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 :- 4.12.2023 Darpan Sharma High Court of Judicature at Allahabad, Lucknow Bench