Neutral Citation No. - 2025:AHC-LKO:43989-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6754 of 2025 Petitioner :- Vidya Devi Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Deo Raj Singh 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 the State. 2. This petition has been filed by the petitioner with the following main prayer:- "(i) Issue Writ, order or direction in the nature of Mandamus for commanding and directing to the opposite parties no. 2, 3 and 4 to ensure the arrested of the named accused persons and conduct fair, proper and just investigation of Case Crime No. 0226/2025 registered on 12.06.2025 under section 105, 123 of B.N.S., 2023, Police Station Fardhan, District - Lakhimpur Kheri, in the interest of justice." 3. It is the case of the petitioner that an F.I.R. was lodged by her on 12.06.2025. 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; 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 :- 30.7.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench