RAM RATAN v. STATE OF U.P. THRU. SECY. HOME LKO. AND OTHERS
CRLP/6879/2025 · 2025-07-30
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 154732 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 154732 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:44032-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6879 of 2025 Petitioner :- Ram Ratan Respondent :- State Of U.P. Thru. Secy. Home Lko. And Others Counsel for Petitioner :- Amit Kumar Gaur,Mahendra Kumar Yadav 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. for the State.
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 commanding the opposite party no 2 & 3 conduct proper, fair, and unbiased investigation in pursuance to the F.I.R. dated 23.06.2025 having F.I.R./ case crime No.223 of 2025 Under Sections 352, 108, B.N.S. and 3(1)(gha) & 3(2)(v) SC/ST Act, Police Station- Maholi, District- Sitapur."
4. It has been submitted by learned counsel for the petitioner that the petitioner has lodged an F.I.R, 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 :- 30.7.2025 Rahul Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench