Neutral Citation No. - 2025:AHC-LKO:43830-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6815 of 2025 Petitioner :- X Victim / Complainant In Fir No. 250/2024 Pratapgarh Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 3 Others Counsel for Petitioner :- Anamika Singh 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 respondent nos.1 to 3. 2. For the orders proposed to be passed, issuance of notice to private respondents is dispensed with. 3. 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 conduct free, fair and impartial investigation and to also ensure fair, speedy and effective Investigation with regard to the FIR dated 08/11/2024 bearing FIR No. 250/2024, U/S 76, 115(2), 352, 351(3) BNS and 3 (1) (Da), 3 (1) (Dha), 3 (2) (va) SC/ST Act, PS. Sangramgarh, District Pratapgarh (as contained in Annexure-1), in the interest of justice. Issue a Writ, order or direction in the nature of Mandamus commanding and directing the Respondents authorities to arrest the Respondent No. 4 in FIR dated 08/11/2024 bearing FIR No. 250/2024, U/Ss. 76, 115(2), 352, 351(3) BNS and 3 (1) (Da), 3 (1) (Dha), 3 (2) (va) SC/ST Act. PS. Sangramgarh, District Pratapgarh, in the interest of justice.." 4. It has been submitted by learned counsel for the petitioner that the petitioner has lodged an F.I.R. and it is a case of rape, but no steps have been taken by the Investigating Officer to conduct the investigation fairly. Hence this petition has been filed. 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 175(3) of B.N.S.S. (corresponding 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. 6. This petition is finally disposed of with a direction to the petitioner to approach the Magistrate concerned under Section 175(3) of 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 :- 29.7.2025 Anuj Singh Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench