Akhilesh Kumar v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 9283 of 2023 Petitioner :- Akhilesh Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. And Others Counsel for Petitioner :- Ajay Kumar Pandey 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:- "a. Issue a writ, order or direction in the nature of Mandamus commanding and directing the opposite party no.1 to 4 to conduct a fair and proper investigation in pursuance of First Information Report dated 10.10.2023, in Case Crime No.0139/2023, under section 323, 504, 506, 392, 307, 452 IPC, Police Station-Baba Bazar, District-Ayodhya, contained in Annexure No.1 to this writ petition, in the interest of justice. b. Issue a writ, order or direction in the nature of Mandamus commanding and directing the opposite parties to conduct the re-medical of injured Madhulata forthwith, in the interest of justice. C. Issue a writ, order or direction in the nature of Mandamus commanding and directing the opposite party no.1 to 4 to ensure the protection of life of the petitioner and his family members against the threat by the opposite party no.5 to 8, in the interest of justice."

¶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 10.10.2023 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 :- 7.12.2023 Darpan Sharma High Court of Judicature at Allahabad, Lucknow Bench