Neutral Citation No. - 2025:AHC-LKO:43038-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6625 of 2025 Petitioner :- Deep Mala Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 6 Others Counsel for Petitioner :- Sagar Singh,Shri Ram Maurya 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:-. "1. issue a writ, order or direction in the nature of mandamus thereby commanding the Opposite Party Nos. 2 to 3 to take immediate action for conducting fair, impartial and speedy investigation in respect of F.I.R. dated 05.07.2025 bearing Case Crime No. 162/2025 under Section 115(2), 352 & 351(3) of BNS, Police Station Harchanpur, District Raebareli, II. issue a writ, order or direction in the nature of mandamus thereby commanding the Opposite Party No. 2 to transfer the investigation of first information report dated 05.07.2025 bearing Case Crime No. 162/2025 under Section 115(2), 352 & 351(3) of BNS, Police Station Harchanpur, District Raebareli, to any other police station of same district. III. Issue a writ, order or direction in the nature of mandamus commanding the opposite party no 2 and 3 to arrest the opposite party no 4 to opposite party no 7 and to conduct investigation in a proper and fair manner." (3) It is the case of the petitioner that an F.I.R. was lodged by him on 05.07.2025. 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. 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. (5) 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. (Brij Raj Singh, J.) (Sangeeta Chandra, J.) Order Date :- 24.7.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench