Neutral Citation No. - 2025:AHC-LKO:6327-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 831 of 2025 Petitioner :- Kamlesh Sharma @ Kamlesh Kumar Sharma Respondent :- State Of U.P. Thru. Prin. Secy. Ministry Of Home And Others Counsel for Petitioner :- Surendra Sharma Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard learned counsel for the petitioner and learned A.G.A., who appears for State-respondents. 2. This Writ Petition has been filed with the following prayers: "a writ order or direction in the nature of Mandamus commanding to the opposite parties no.2 & 3 to make fair and proper investigation in pursuance of the F.I.R registered at Police Station- Gosaiganj, District-Sultanpur, dated- 14.01.2025, in F.I.R/Case crime no. 0005/2025, Under Section- 3(5), 109, 115(2), 352, 351(2), 351(3) which is lodged by the petitioner against the opposite party no.4 to 10 as contained in Annexure No.1 to this writ petition." 3. It has been submitted by the learned counsel for the petitioner that the petitioner has lodged F.I.R. No. 005 of 2025 on 04.01.2025 under Sections 3(5), 109, 115(2), 352, 351(2), 351(3) B.N.S.,2023, but the police is not carrying out the investigation fairly and sincerely. 4. Learned A.G.A. has pointed out that the F.I.R. was lodged only on 04.01.2025 and one of the accused,namely, Shailendra son of Munna Lal has been arrested and he 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. 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., who shall look into the matter and ensure that justice is done to the Complainant/ Informant. Order Date :- 30.1.2025 Arvind Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench