Neutral Citation No. - 2025:AHC-LKO:36934-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5510 of 2025 Petitioner :- Juggi Lal And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And 2 Others Counsel for Petitioner :- Ram Janak Yadav,Maya Ram Yadav 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 State. 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 the opposite party no.1 & 2 to transfer the Investigation of the FIR No. 0166/2025, lodged under section 103(1), 109(1) BNS at Police Station - Gomti Nagar, District - Lucknow (contained as ANNEXURE NO. 1) to some other Investigating Officer or Police Station or Agency for conducting fair & impartial investigation of the matter & submitting report before the learned concerned Court in the interest of justice. (ii) issue a writ, order or direction in the nature of Mandamus thereby commanding the opposite party no.2 to take decision on the petitioners application dated 06.06.2025 (contained as ANNEXURE No.3) within the time being given by this Hon'ble Court in the interest of justice." 3. It is the case of the petitioner that an F.I.R. was lodged by him on 20.04.2025 The Investigating Officer is not taking interest in proper investigation of the case. Hence this petition has been filed. 4. Learned A.G.A. for the State Respondents states that it is the case of murder and grievous hurt and 4 of the accused have already been arrested as the investigation is going on. 5. Learned A.G.A. has also 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. 6. 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 :- 1.7.2025 Darpan Sharma Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench