Neutral Citation No. - 2025:AHC-LKO:8231-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 986 of 2025 Petitioner :- Narendra Kumar Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And 4 Others Counsel for Petitioner :- Ambika Prasad 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 State-respondents. 2. This petition has been filed by the petitioner with the following prayers:- "I. Issue a writ order or direction in the nature of mandamus commanding/directing the opposite parties to conduct the fair and proper investigation of N.C.R. No.111 of 2024 under Sections-323, 504 I.P.C. registered of Police Station- Gosaiganj, District- Lucknow and also to take legal necessary action against the accused persons. II. Issue a writ order or direction in the nature of mandamus commanding and directing to the opp. party No.3 for conducting the proper enquiry/investigation of N.C.R. No.111 of 2024 under Section- 323, 504 I.P.C. registered of Police Station- Gosaiganj, District- Lucknow in pursuance of order dated 19-07-2024 passed by A.C.J.M. Six Court No.30 Lucknow as contained in Annexure No.4 to this writ petition. III. Issue a writ order, direction in the nature of mandamus thereby commanding and directing the opposite party No.2 to decide the application dated 14-08-2024 of the petitioner as well as also to add the proper sections of I.P.C. on the basis of Medical report in respect of N.C.R. No.111 of 2024 as contained in Annexure No.5 to this writ petition." 3. It is the case of the petitioner that an N.C.R. was lodged by him on 26.06.2024. 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 also in view of what has been held by Hon'ble Supreme Court in Paragraph Nos.6 and 7 of the judgment rendered 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. Having heard learned counsel for the petitioner, learned A.G.A. for the State and upon perusal of the records, we find it apposite to refer to para no.107 of U.P. Police Regulation, which is quoted hereinbelow:- "107. Duties of an Investigating Officer.- An investigating officer is not to regard himself as a mere clerk for the recording of statements. It is his duty to observe and to infer. In every case he must use his own expert observations of the scene of the offence and of the general circumstances to check the evidence of witnesses, and in cases in which the culprits are unknown to determine the direction in which he shall look for them. He must study the methods of local offenders who are known to the police with a view to recognizing their handiwork, and he must be on his guard against accepting the suspicions of witness and complainants when they conflict with obvious inferences from facts. He must remember that it is his duty to find out the truth and not merely to obtain convictions. He must not prematurely commit himself to any view of the facts for or against any person and though he need not go out of his way to hunt up evidence for the defence in a case in which he has satisfactory grounds for believing that an accused person is guilty, he must always give accused persons an opportunity of producing defence evidence before him, and must consider such evidence carefully if produced. Burglary investigations should be conducted in accordance with the special orders on the subject." 6. It is needless to say that the investigation must be fair, transparent and judicious as it is the minimum requirement of rule of law. The investigating agency cannot be permitted to conduct an investigation in a tainted and biased manner. The investigating officer "is not merely to bolster up a prosecution case with such evidence as may enable the court to record a conviction but to bring out the real unvarnished truth as held by Hon'ble Supreme Court in Babubhai v. State of Gujarat, (2010) 12 SCC 254. 7. Thus, in view of the aforesaid overall discussion, 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 the investigation is carried out by the Investigating Officer keeping in view the para no.107 of U.P. Police Regulation and observation made by Hon'ble Supreme Court in Babubhai (Supra). Order Date :- 7.2.2025 Shubhankar Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench