Neutral Citation No. - 2025:AHC-LKO:42864-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6622 of 2025 Petitioner :- Smt. Meera Srivastava @ Meera Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And 5 Others Counsel for Petitioner :- Anoop Kumar Upadhyay 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. For the orders proposed to be passed, issuance of notice to the private respondents is dispensed with. 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 commanding the opposite party no. 2&3 to conduct the free and fair investigation and also take the coercive action against the respondent no. 4 to 6 including the arrest bearing case crime no. 408/2025, U/S-109, 115(2), 190, 191(2), 191(3), 351(3), 352 of BNS registered at P.S.-Kotwali Nagar, District-Gonda on 22/05/2025 commanding the opposite party no. 2&3 to conduct the free and fair investigation and also take the coercive action against the respondent no. 4 to 6 including the arrest bearing case crime no. 408/2025, U/S-109, 115(2), 190, 191(2), 191(3), 351(3), 352 of BNS registered at P.S.- Kotwali Nagar, District-Gonda, as contained in Annexure no. 1 to this writ petition." 3. It is the case of the petitioner that an F.I.R. was lodged by him on 22.05.2025. The Investigating Officer is not taking interest in proper investigation of the case. Hence this petition has been filed. 4. Learned A.G.A. 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. (corresponding Section 175 (3) of B.N.S.S., 2023) 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., (corresponding Section 175 (3) of B.N.S.S., 2023) who shall look into the matter and ensure that justice is done to the Complainant/ Informant. Order Date :- 25.7.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench