Neutral Citation No. - 2025:AHC-LKO:6016-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 605 of 2025 Petitioner :- Ramesh Chandra Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Others Counsel for Petitioner :- Awadhesh Kumar Srivastava Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard the learned counsel for the petitioner and the learned A.G.A. who appears for the State. 2. This petition has been filed by the petitioner with the following main prayer:- "i. Issue a writ order or direction in the nature of Mandamus commanding the opp. Parties concerned to make fair and proper investigation of F.I.R. dated 18.12.2024 of case crime/F.I.R. No. 0511/2024 under section 302, 201, 506, I.P.C. P.S. Dariyabad District Barabanki and also change the investigation of the aforesaid F.I.R. from the opp. party no. 3 to any other police station or any other independent agency like C.B. C.I.D., C.B.I. in the interest of justice." 3. It is the case of the petitioner that an F.I.R. was lodged by him on 18.12.2024. The Investigating Officer is not taking interest in proper investigation of the case. Hence this petition has been filed. 4. Learned A.G.A. on the basis of instructions sent by Shri Manoj Kumar Sonkar, Sub-Inspector, Police Station Dariyabad, District Barabanki, says that the death of the alleged victim occurred on 14.04.2023 and the F.I.R. was lodged on 18.12.2024. The body was exhumed but it had decomposed completely. Upon post-mortem examination, nothing suspicious was found. Statements of various witnesses were taken which also stated that the alleged victim was an old person who died his own death. 5. The said instructions are kept on record. 6. Learned A.G.A. has also 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. 7. This petition is finally disposed of with a direction to the petitioner to approach the Magistrate concerned under Section 175(3) B.N.S.S., corresponding Section 156 (3) Cr.P.C., who shall look into the matter and ensure that justice is done to the Complainant/ Informant. Order Date :- 29.1.2025 A.Dewal Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench