Neutral Citation No. - 2025:AHC-LKO:10000-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 1336 of 2025 Petitioner :- Ghanshyam Jaiswal @ Ghanshyam Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Arpit Dwivedi,Vinay Kumar,Vinayak Tiwari Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,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 thereby commanding and directing the opposite parties especially opposite party no.2 and 3 i.e., Supdt of Police, District – Gonda, and Station House Officer, Police Station - Kotwali Nagar, District – Gonda to conduct a fair and proper investigation in respect of First Information Report dated 18.04.2022 bearing FIR No.0237/2022, under section 504, 504 and 307 IPC registered at Police Station - Kotwali, District Gonda, in the 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 fire shot at upon him by the accused persons. No enquiry has been held in the matter till date and none has been arrested, hence, the petitioner approached this Court by making aforesaid prayer. (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, 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 :- 14.2.2025 mks Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench