Complainant/Victim of Case Crime No.-767 of 2023 v. State of U.P. Thru. Secy. Deptt. of Home, U.P. Lucknow and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 9647 of 2023 Petitioner :- Complainant/Victim Of Case Crime No.-767 Of 2023 Respondent :- State Of U.P. Thru. Secy. Deptt. Of Home, U.P. Lucknow And Others Counsel for Petitioner :- Anil Kumar 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 opposite parties thereby directing opposite party no. 3 to conduct investigation of the First Information Report No. 0767 of 2023, dated 23.11.2023, Under Section-323, 504, 506, 435 of IPC and 3(1) (Da), 3(1)(Gha), 3(2)(va) of S.C./S.T. Act, Police Station-Dhaurahara, District-Lakhimpur-Kheri, in fair and impartial manner, if investigation of the present case is not conducted in fair and impartial manner then opposite party no. 2 may be directed to transfer the investigation of the present case before any other competent authority.

(ii) Issue a writ, order or direction in the nature of Mandamus thereby directing opposite party no.3 to submit progress report of investigation of the aforesaid case crime before the Hon'ble Court periodically."

¶3It is the case of the petitioner that an F.I.R. was lodged by him on 23.11.2023 against the accused persons. The Investigating Officer is not taking interest in proper investigation of the case. Hence this petition has been filed.

¶4Learned 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.

¶5This 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 :- 20.12.2023 Darpan Sharma High Court of Judicature at Allahabad, Lucknow Bench