HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7962 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE RAJEEV SINGH, J. 1. Heard Sri Nadeem Murtaza, learned counsel for the petitioner and learned A.G.A. for the State. 2. The instant writ petition has been filed by the petitioner with the following prayers :- (i) issue a writ, order or direction in the nature of Mandamus commanding the Opposite Party No. 1, 2, 3 and 4 to conduct free and fair investigation in the First Information Report Case Crime No. 37 of 2025, dated 13.07.2025, Police Station- Gautampalli, District- Lucknow Central (Commissionerate Lucknow), as contained in Annexure No. 1 to this Writ petition. 3. Learned counsel for the petitioner submits that the F.I.R. was lodged on 13.07.2025, but till date, investigation has not been concluded. 4. Learned A.G.A. for the State, on the basis of instructions, submits that the investigation is going on and the same shall be concluded expeditiously. 5. It is well settled in view of the decision of the Apex Court in Sakiri Vasu v. State of U.P., (2008) 2 SCC 409 as reiterated in Sudhir Bhaskarrao Tambe v. Hemant, Yashwant Dhage and others, (2016) 6 SCC 277 that in the event of unsatisfactory investigation, remedy of the aggrieved person is not to approach the High Court under Article 226 of the Constitution of India but to approach the Versus Counsel for Petitioner(s) : Nadeem Murtaza, Tushar Kant Mishra, Wali Nawaz Khan Counsel for Respondent(s) : G.A. Prateek Kumar Yadav .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others .....Respondent(s) Magistrate concerned under Section 156(3) Cr.P.C. Paragraphs 2 and 3 of Sudhir Bhaskarrao Tambe v. Hemant, Yashwant Dhage and others (supra) are quoted hereinunder:- "2. This Court has held in Sakiri Vasu v. State of U.P., that if a person has a grievance that his FIR has not been registered by the police, or having been registered, proper investigation is not being done, then the remedy of the aggrieved person is not to go to the High Court under Article 226 of the Constitution of India, but to approach the Magistrate concerned under Section 156(3) CrPC. If such an application under Section 156(3) CrPC is made and the Magistrate is, prima facie, satisfied, he can direct the FIR to be registered, or if it has already been registered, he can direct proper investigation to be done which includes in his discretion, if he deems it necessary, recommending change of the investigating officer, so that a proper investigation is done in the matter. We have said this in Sakiri Vasu case because what we have found in this country that the High Courts have been flooded with writ petitions praying for registration of the first information report or praying for a proper investigation. 3. We are of the opinion that if the High Courts entertain such writ petitions, then they will be flooded with such writ petitions and will not able to do any other work except dealing with such writ petitions. Hence, we have held that the complainant must avail of his alternate remedy to approach the Magistrate concerned under Section 156(3) CrPC and if he does so, the Magistrate will ensure, if prima facie he is satisfied, registration of the first information report and also ensure a proper investigation in the matter, and he can also monitor the investigation." 6. Thus, in view of the above, remedy, if any, for the petitioner is to approach the competent Magistrate in respect of his grievance, which shall be considered as expeditiously as possible. 7. With the aforesaid observations, this writ petition stands disposed of. September 1, 2025 A.Dewal CRLP No. 7962 of 2025 2 (Rajeev Singh,J.) (Rajnish Kumar,J.) Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench