HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10459 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE RAJEEV BHARTI, J. 1. Heard learned counsel for the petitioner and learned AGA for respondents no.1 to 3. 2. Instant petition has been filed praying for a mandamus commanding the respondents to conduct the fair, proper and expeditious investigation of the FIR No.455 of 2025, under Section 316(2) B.N.S., Police Station P.G.I., District Lucknow. 3. Hon'ble Supreme Court in the case of Sakiri Vasu vs. State of Uttar Pradesh and others - (2008) 2 SCC 409 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 Section 156(3) of Cr.P.C. The same principle has been approved and reiterated by the Hon'ble Supreme Court in the case of M. Subramaniam and Another vs. S. Janaki and Another, reported in (2020) 16 SCC 728. 4. 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 Versus Counsel for Petitioner(s) : Vikas Sharma Counsel for Respondent(s) : G.A. Lieutenant Colonel Anil Kumar Upadhyay .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 2 Others .....Respondent(s) Magistrate shall proceed in accordance with law. November 7, 2025 Shravan CRLP No. 10459 of 2025 2 (Rajeev Bharti,J.) (Abdul Moin,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench