Neutral Citation No. - 2025:AHC-LKO:5726-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 780 of 2025 Petitioner :- Mohd. Irshad Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 8 Others Counsel for Petitioner :- Mohd. Raziullah,Gayasuddeen,Zartab Qamar 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, or direction in the nature of mandamus directing the opposite parties no.1 to 3 to fair and proper investigation in the first information report was lodged by the petitioner against the opposite party nos.4 to 9 and to take necessary action against them." 3. It is the case of the petitioner that an F.I.R. was lodged by him on 21.12.2024. The Investigating OfÏcer is not taking interest in proper investigation of the case. Hence this petition has been filed. 4. 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. (corresponding Section 175 (3) of B.N.S.S., 2023) 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) of B.N.S.S., 2023) who shall look into the matter and ensure that justice is done to the Complainant/ Informant. Order Date :- 28.1.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench