Neutral Citation No. - 2025:AHC-LKO:7341-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 948 of 2025 Petitioner :- Pooja Devi Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And 4 Others Counsel for Petitioner :- Dr. Surendra Kumar Misra,Avnish Kumar Tiwari 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 3. (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 to Opposite parties specially Opposite party no.3 to conduct fair and proper investigation of the Case Crime No.530/2024, under Section 108 of the B.N.S. (Section 306 IPC), at Police Station Laharpur, District Sitapur, which is contained as Annexure No.1 to the writ petition." (3) It is the case of the petitioner that an F.I.R. was lodged by him on 20.12.2024. 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 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 and in a recent judgment of Hon'ble Supreme Court in M. Subramaniam v. S. Janaki, (2020) 16 SCC 728, an application can be filed before the Magistrate concerned who has very wide powers to direct and ensure a proper investigation. He can also monitor such investigation so that the investigation is done properly in a fair and impartial manner. (5) 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 :- 5.2.2025 N.PAL Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench