HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 21627 of 2025 Court No. - 43 HON'BLE SALIL KUMAR RAI, J. HON'BLE DIVESH CHANDRA SAMANT, J. The present petition has been filed praying for the following relief: "(a) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to recover the amount of Rs.1,13,000/- from the bank and release the same in favour of the petitioner pertaining to Case Crime No.165 of 2025, under section 318(4) B.N.S. and 66D I.T. Act, Police Station Dhumanganj, District Prayagraj." However, during the course of hearing the petitioner prayed that suitable order be passed commanding the respondent nos.2 and 3 to conduct a free and fair investigation and to expedite the investigation and submit a report. In Paragraph nos. 15 to 17 of its judgment in Sakiri Vasu Vs. State of Uttar Pradesh & Ors. (2008) 2 SCC 409, the Supreme Court has observed as follows : - "15. Section 156(3) provides for a check by the Magistrate on the police performing its duties under Chapter XII Cr.P.C. In cases where the Magistrate finds that the police has not done its duty of investigating the case at all, or has not done it satisfactorily, he can issue a direction to the police to do the investigation properly, and can monitor the same. 16. The power in the Magistrate to order further investigation under Section 156(3) is an independent power, and does not affect the power of the investigating officer to Versus Counsel for Petitioner(s) : Abhishek Kumar Srivastava Counsel for Respondent(s) : G.A. Hemant Kumar Srivastava .....Petitioner(s) State Of Up And 2 Others .....Respondent(s) further investigate the case even after submission of his report vide Section 173(8). Hence the Magistrate can order re-opening of the investigation even after the police submits the final report, vide State of Bihar vs. J.A.C. Saldanha (SCC : AIR para 19). 17. In our opinion Section 156(3) Cr.P.C. is wide enough to include all such powers in a Magistrate which are necessary for ensuring a proper investigation, and it includes the power to order registration of an F.I.R. and of ordering a proper investigation if the Magistrate is satisfied that a proper investigation has not been done, or is not being done by the police. Section 156(3) Cr.P.C., though briefly worded, in our opinion, is very wide and it will include all such incidental powers as are necessary for ensuring a proper investigation." The provisions in B.N.S.S., 2023 which corresponds to Section 156(3) of Cr.P.C. is Section 175(3) of B.N.S.S. In case, the petitioner has any grievance against the manner in which the investigation is being conducted, the petitioner has the remedy to approach the concerned Magistrate under Section 175(3) of B.N.S.S. / Section 156(3) of Cr.P.C. It is not a case for interference by this Court under Article 226 of the Constitution of India, at this stage. The writ petition is dismissed. October 8, 2025 S.A. CRLP No. 21627 of 2025 2 (Divesh Chandra Samant,J.) (Salil Kumar Rai,J.) Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad