Neutral Citation No. - 2025:AHC-LKO:42072-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6447 of 2025 Petitioner :- Rajendar Singh Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Rajendra Prasad Lodhi Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner and learned A.G.A., who appears for State-respondents. 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, to thereby commanding the concerned opposite parties/police authorities to ensure the arrest of accused person of first information report no. 0353/2024 on dated 08.07.2024, under section-406,419, 420, I.PC. Police Station-Kotwali Dehat, District-Bahraich. Copy of FIR contained as Annexure No.1 to this petition. (ii) Issue a writ, order or direction in the nature of mandamus, to thereby commanding the concerned opposite parties'/police authorities to ensure the fair and proper investigation of first information report no. 0353/2024 on dated 08.07.2024, under section-406,419, 420, I.PC. Police Station-Kotwali Dehat, District Bahraich, who are going Scot free and extending over threats with the overt and convert and support of the opposite party." 3. It has been submitted by the learned counsel for the petitioner that the petitioner has lodged F.I.R. No. 0353/2024 on 08.07.2024,under Sections 406, 419, 420 I.P.C., Police Station Kotwali Dehat, District-Bahraich, but the police is not carrying out the investigation fairly and sincerely. 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. (Brij Raj Singh,J.) (Sangeeta Chandra,J.) Order Date :- 22.7.2025 Arvind Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench