Neutral Citation No. - 2025:AHC-LKO:42973-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6666 of 2025 Petitioner :- Punam Singh Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Jiyauddeen,Anand Pratap Singh,Pradeep Kumar Shukla 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:- "a. a writ, order or direction in the nature of mandamus, commanding the State authorities/opposite party nos. 2 & 3, to ensure free and fair investigation of Case Crime No. 0159/2025, U/s-3(5) 191(2) ,191(3), 190, 109, 110, 115(2), 310(2), 351(2), 324(4) B.N.S. lodged at Police Station Kamlapur, District Sitapur. b. a writ, order or direction in the nature of mandamus, commanding opposite party no. 1&2, have to transfer the investigation of present case to from local police station to any other police station on the application of victim,s ensure the investigation from police station, District Sitapur. c a writ, order or direction in the nature of mandamus, commanding the opposite party no. 2, to conclude the investigation at the earliest and ensure the arrest of accused persons of present case crime and the petitioner's life and liberty may be safeguarded." 3. It is the case of the petitioner that an F.I.R. was lodged by him on 20.06.2025. 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. Order Date :- 25.7.2025 Darpan Sharma Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench