Aditi Pandey v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 9205 of 2023 Petitioner :- Aditi Pandey Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Mohd. Nafeesh Quraishi,Om Prakash Tiwari,Vedika Dwivedi 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:-. "(a) issue, a writ, order or direction in the nature of Mandamus thereby commanding the opposite party no.4 to 5 to make fair and proper investigation according to law in pursuance of the F.I.R. No. 0280/2023, dated 03.07.2023, Under Sections-504, 506, 384 I.P.C. at Police Station-Chinhat, District Lucknow Copy of which is contained as Annexure No. 1 to this writ petition, in the interest of justice."

(3) It is the case of the petitioner that she had lodged an FIR against accused Aditya Tiwari who had raped her with the intention to get married to her but due to political influence no proper investigation is taking place till date in the matter, 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 :- 4.12.2023 Arnima High Court of Judicature at Allahabad, Lucknow Bench