Neutral Citation No. - 2025:AHC-LKO:44792-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6971 of 2025 Petitioner :- Kamta Prasad Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Dharmendra Pratap Singh,Akhil Pratap Singh,Anuj Kumar Gupta 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 4. 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) To issue a writ, order or direction in the nature of MANDAMUS commanding the opposite parties more specially opposite party no. 2 to 4 to make proper, fair and speedy investigation in some reasonable stipulated time in F.I.R. No. 0061 of 2025 Under Section 103(1) and 238 Bharatiya Nyaya Sanhita, 2023, Police Station Imiliya Sultanpur, District - Sitapur lodged by Petitioner II. To issue a writ, order or direction in the nature of MANDAMUS commanding the opposite parties more specially opposite party no. 2 to 4 to take steps for arrest of the opposite party no. 5 to 8.." 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 murder, 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 :- 1.8.2025 Anuj Singh Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench