Neutral Citation No. - 2025:AHC-LKO:13264 Court No. - 12 Case :- APPLICATION U/S 483 No. - 196 of 2025 Applicant :- Mohd. Umar Opposite Party :- The State Of U.P. Thru. Prin. Secy. Home Lko. And 5 Others Counsel for Applicant :- Sumit Chauhan,Suresh Chandra Srivastava Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. This application under Section 483 Cr.P.C. has been filed with the following main relief(s):- "Wherefore, it is most respectfully prayed that this Hon'ble court may kindly be pleased to direct the C.J.M, Bahraich to monitor the case in pursuance of order passed by the Hon'ble Apex court Sakiri Basu vs state of U.P and others as such decide the application dated 30.06.2023 bearing Case Crime no. 431/2022 (Mohd. Umar vs Abdul Hafeez and others) U/s 419 and 420 IPC at Police Station - Dargah Sharif, District- Bahraich, in the interest of justice. Contained as Annexure No-4." For the purposes of the prayer sought, quoted above, in the instant application this Court took note of the order dated 22.06.2023, passed in Criminal Misc. Writ Petition No.4778 of 2023 (Mohd. Umar Vs. State of U.P. and others) which reads as under :- "1. Heard learned counsel for the petitioner and learned Additional Government Advocate for the State. 2. The writ petition under Article 226 of the Constitution of India has been filed seeking following reliefs: "(i) To issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opposite parties specially opposite parties nos. 2 and 3 to conduct fair and proper investigation of F.I.R./Case Crime No. 0431/2022, under Section 419, 420 I.P.C., Police Station- Dargah Sharif, District- Bahraich lodged on 22.12.2022 against the private respondent i.e. opposite party no. 4 to 8 or to transfer the investigation of the said case to any other independent investigating agency, in the interest of justice. (ii) .................... (iii) ..................." 3. The petitioner is complainant. It is the duty of the concerned Magistrate to ensure free and fair investigation of the offence as provided in the judgment of the Supreme Court in the case of Sakiri Vasu vs. State of U.P. and Ors. reported in (2008) 2 SCC 409. 4. In view thereof, the present writ petition is finally disposed of with liberty to the petitioner to approach the concerned Magistrate with proper application if he apprehends that the case is not being investigated in a free and fair manner. The learned Magistrate will issue necessary direction for carrying out free, fair and impartial investigation. " This court also considered the fact that after the order dated 22.06.2023, the petitioner preferred an application dated 30.06.2023 before the concerned Magistrate, and also the orders passed, after preferring the application dated 30.06.2023, certified copies of which are on record, i.e. orders dated 07.07.2023, 10.07.2023, 30.01.2024, 02.02.2024, 06.02.2024, 14.02.2024, 15.02.2024, 01.03.2024, 06.03.2024, 12.03.2024, 20.03.2024, 04.04.2024, 19.04.2024, 20.11.2024, 26.11.2024, 29.11.2024, 20.01.2025 and 22.01.2025. Upon due consideration of the aforesaid, this Court finds that the matter is not proceeding as required. Accordingly, the present application is disposed of with a direction to the concerned Magistrate to do the needful in the matter expeditiously strictly in terms of the observations made by the Hon'ble Apex Court in the judgment passed in the case of Sakiri Vasu v. State of U.P., (2008) 2 SCC 409. Order Date :- 4.3.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench