Neutral Citation No. - 2025:AHC-LKO:5710-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 769 of 2025 Petitioner :- Manisha Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others Counsel for Petitioner :- Subodh Mani Tripathi,Amit Kumar Rai,Ankit Singh 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. 2. This petition has been filed with the following main prayers :- "a) Issue a writ, order or direction in the nature of Mandamus, thereby commanding the opposite party no.2 to 4 to take proper legal action against the opposite party no. 5 and 2 unknown persons in pursuance of the First Information Report registered as F.I.R. No.-0008/2025, Under Sections 123, 127(2), 70(1), 308(2), 351(3), 66E of BNS Police Station PGI, District Lucknow dated 07.01.2025 at P.S PGI Dist- Lucknow, in the interest of justice. b) Issue an appropriate writ, order or direction in the nature of Mandamus commanding the opposite party no. 1 to 4 to ensure fair and proper investigation in the aforesaid FIR and be further directed to arrest the culprits, in the interest of justice." 3. The learned A.G.A. for the State-respondents, on the basis of instructions, says that the first information report has only been lodged on 07.01.2025 and investigation is continuing. One of the accused i.e. Mahesh Verma has been arrested and one of them i.e. Furkan is absconding and Shivam was not found to be involved and his name has been dropped. 4. 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. [corresponding Section 175(3) B.N.S.S.] 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. 5. This petition is finally disposed of with a direction to the petitioner to approach the Magistrate concerned under Section 156(3) Cr.P.C. [corresponding Section 175(3) B.N.S.S.], who shall look into the matter and ensure that justice is done to the complainant/ informant. (Ajai Kumar Srivastava-I, J.) (Sangeeta Chandra, J.) Order Date :- 28.1.2025 cks/- Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench