Neutral Citation No. - 2025:AHC-LKO:43992-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6755 of 2025 Petitioner :- Deependra Singh Deepankar (In Fir Deepankar Singh) Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Bhanu Pratap Singh,Surya Pratap 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 prayers:- "I. Issue a writ, order or direction in the nature of MANDAMUS thereby commanding the opposite parties more specifically opposite party No. 2 to fairly investigate the first information report dated 07.04.2025 bearing Case Crime No. 129 of 2025 under Sections 419, 420, 406, 467, 468, 471, 307, 392, 504, 506 of I.P.C. registered at Police Station Kotwali Nagar, District Balrampur lodged by the petitioner, by another Police Station or by another investigating agency and also monitor the investigation of the case crime as the opposite party No. 4, who is presently Investigating Officer of the said case crime is working for the accused person of the case crime, as annexed herewith as Annexure No. 1 to this writ petition. II. Issue a writ, order or direction in nature of MANDAMUS directing the opposite party No. 2 to take strict action against the opposite party No. 4 as he is working for the accused persons of Case Crime No. 0129 of 2025 under Sections 419, 420, 406, 467, 468, 471, 307, 392, 504, 506 of I.P.C. registered at Police Station Kotwali Nagar, District the petitioner. Balrampur lodged by the petitioner." 3. It is the case of the petitioner that an F.I.R. was lodged by him on 07.04.2025. 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