Nanha v. State of U.P. Thru. Secy. Home Deptt. Lko. and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 9362 of 2023 Petitioner :- Nanha Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Mohd. Salman 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:- "1. Issue writ, order of direction in the nature of the mandamus whereby directing the opposite party no. 2 to 3 insure the fair and proper investigation into the matter lodged by the petitioner registered as First Information Report no. 0150/2021, U/s 307 I.P.C and 3 (2)(5) SC/ST Act at P.S. Purwa, District Unnao, Contained as ANNEUXRE No. 1. during the pendency of writ petition.

¶2Issue writ order or direction in the nature of Mandamus commanding transfer investigation of First Information Report no. 0150/2021, U/s 307 I.P.C and 3 (2)(5) SC/ST Act at P.S. Purwa, District Unnao any other independent investigation agency, Contained as ANNEXURE No. 6. during the pendency of writ petition."

¶3For the orders proposed to be passed, notice to the accused persons in the impugned F.I.R. is dispensed with.

¶4It is the case of the petitioner that an F.I.R. was lodged by him on 25.05.2021 against the accused persons. 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