Neutral Citation No. - 2025:AHC-LKO:5773-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 722 of 2025 Petitioner :- Ramswaroop Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 7 Others Counsel for Petitioner :- Suresh Kumar Pandey, Shivam Kumar Mishra 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 Opposite party nos.1 to 4. There is no need to issue notice to the Opposite party nos.5 to 8, hence the same are dispensed with. (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 thereby commanding the Opposite party nos.2 to 4 to take proper appropriate and impartial actions in Case Crime No.0336 of 2024, under Sections 3(2)(v), 3(1)(D), 3 (1)(Da) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act, 1989) and Sections 506, 504, 427, 471, 468, 467, 420 IPC, at Police Station Bhera, District Kheri, FIR lodged on 08.08.2024 as contained in Annexure No.1 to this writ petition, in the best interest of justice." (3) It has been submitted by the learned counsel for the petitioner that the petitioner has lodged the F.I.R. because of the fraud committed by the accused in showing him to be dead and got his property recorded in their name. No enquiry has been held in the matter till date and on one has been arrested, hence, the petitioner approached this Court by making aforesaid prayer. (4) Learned A.G.A. has produced before this Court the instructions sent by Shri Gavendra Pal Gautam, the Circle Officer of Police Station Gola, District Kheri, dated 23.01.2025 wherein it has been stated that four persons have been arrested namely Asharani wife of Late Chetram, Malti Devi wife of Ram Gopal, Bablesh wife of Ram Nivas and Santosh Kumar son of Shatrohan Lal and Charge-sheet has been prepared against them. With regard to three other accused, the request has been made to the Court concerned to issue warrants. (5) The instructions are kept on record. (6) Learned 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. (7) This 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 :- 28.1.2025 N.PAL Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench