Smt. Sheela Singh v. State of U.P. Thru.Prin. Secy. Deptt. of Home Civil Sectt. Lko and 5 Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 9351 of 2023 Petitioner :- Smt. Sheela Singh Respondent :- State Of U.P. Thru.Prin. Secy. Deptt. Of Home Civil Sectt. Lko And 5 Others Counsel for Petitioner :- Anju Singh,Dinesh Kumar Ojha 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 commanding the opposite parties no. 2 & 3 to do fair and proper investigation of First Information No. 172 of 2023, under section 406, 419, 420, 467, 468, 471 504 & 506 of IPC Police Station-Krishna Nagar, District-Lucknow (East), as contained in Annexure No.1 to this writ petition, in the interest of justice. II. Issue a writ order or direction in the nature of mandamus commanding the opposite party no. 2 & 3 to ensure the investigation of case crime no. 172 of 2023, under section 406, 419, 420, 467, 468, 471 504 & 506 of IPC Police Station-Krishna Nagar, District-Lucknow and the investigation be completed within a stipulated period under section 173 of the Cr.P.C. and also send the police report to the competent court of jurisdiction, 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 her on 28.04.2023 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 :- 11.12.2023 Darpan Sharma High Court of Judicature at Allahabad, Lucknow Bench