Surendra Kumar Pandey v. State of U.P. Thru. Secy. Home Deptt. U.P. Lucknow and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 9557 of 2023 Petitioner :- Surendra Kumar Pandey Respondent :- State Of U.P. Thru. Secy. Home Deptt. U.P. Lucknow And Others Counsel for Petitioner :- Mukesh Kumar Shukla Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J.

¶1Heard the learned counsel for the petitioner and the learned A.G.A. who appears for the State.

¶2This 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 and directing the opposite parties/ police authorities to conduct the fair and proper investigation in Case Crime no.0487 of 2023 Under Section 34, 294, 354(Gha), 352 I.P.C. Police Station-Asandra, District-Barabanki, 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 30.10.2023 against private respondents. The Investigating OfÏcer 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 :- 18.12.2023 Rahul High Court of Judicature at Allahabad, Lucknow Bench