Kalp Nath Tiwari v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home, U.P. Lucknow and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 9355 of 2023 Petitioner :- Kalp Nath Tiwari Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home, U.P. Lucknow And Others Counsel for Petitioner :- Rama Pati Shukla 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 Opp. Parties 02 and 03 to make expeditious, fair, judicious, transparent, effective and expeditious investigation in Case Crime / FIR No.0223 of 2023 in P.S. Sangramgarh, District-Pratapgarh under Section-307, 323, 506, 325 and 427 of IPC contained in Annexure No.01 to the writ petition."

¶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 09.10.2023 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 :- 11.12.2023 Darpan Sharma High Court of Judicature at Allahabad, Lucknow Bench