HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8726 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE PRAMOD KUMAR SRIVASTAVA, J. 1. Vakalatnama filed today by Sri Prem Prakash Singh, Advocate on behalf of respondent no. 5 is taken on record. 2. Heard learned counsel for the petitioner, learned AGA for respondents nos.1 to 4 and Sri Prem Prakash Singh, learned counsel appearing for respondent no. 5. 3. Instant petition has been filed praying for a mandamus commanding the respondents to conduct the fair, proper and expeditious investigation of the FIR no. 621 of 2025, under Sections 89, 69, 115(2), 352, 351(3) of BNS, Sections 3(1)(da), 3(1)(dha), 3(2)(Va) and 3(2)V of SC/ST Act, Police Station Akbarpur, District Ambedkar Nagar. 4. Hon'ble Supreme Court in the case of Sakiri Vasu vs. State of Uttar Pradesh and others - (2008) 2 SCC 409 and reiterated in the case of M. Subramaniam and another vs. S. Janaki and another reported in [(2020) SCC 728] has held that if a person has a grievance that his FIR has not been registered or having been registered proper investigation is not being done then the remedy to the aggrieved person is not to go the High Court under Article 226 of the Constitution but to approach the concerned Magistrate under Versus Counsel for Petitioner(s) : Vikas Verma Counsel for Respondent(s) : G.A. X Case Crime No.-621/2025, P.S. Akbarpur, District-Ambedkar Nagar .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Ministry Of Home, Lko. And Others .....Respondent(s) Section 156(3) of Cr.P.C. now Section175(3) of B.N.S.S., 2023. 5. Considering the aforesaid, the writ petition is disposed of leaving it open to the petitioner to file an appropriate application before the concerned Magistrate. In case the said application is filed the learned Magistrate shall proceed in accordance with law. October 10, 2025 kkv/ CRLP No. 8726 of 2025 2 (Pramod Kumar Srivastava,J.) (Abdul Moin,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench