HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22543 of 2025 Court No. - 43 HON'BLE SALIL KUMAR RAI, J. HON'BLE DIVESH CHANDRA SAMANT, J. The present petition has been filed praying for the following reliefs: "(i) Issue a writ, order or direction in the nature of mandamus commanding, Respondents No. 2 and 3 to register a first information report (F.I.R.) against Respondents No. 4 to 8 as per law Section 173 of the Bhartiya Nagarik Suraksha Sanhita, 2023 on the basis of the petitioner's representations dated 12.08.2025 and to ensure proper investigation and submission of the police report in accordance with law. (ii) Issue a writ, order or direction in the nature of mandamus, commanding Respondents No. 2 and 3 to consider and decide the Petitioner's applications dated 12.08.2025, in accordance with law and in light of the judgements of the Hon'ble Supreme Court in Lalita Kumar v. State of U.P. & Others, AIR 2014 SC 187 and Pradeep Nirankarnath Sharma v. State of Gujarat & Others, 2025 SCC OnLine SC 559, expeditiously within such time frame as may be stipulated by this Hon'ble Court." In Paragraph nos. 15 to 17 of its judgment in Sakiri Vasu Vs. State of Uttar Pradesh & Ors. (2008) 2 SCC 409, the Supreme Court has observed as follows : - "15. Section 156(3) provides for a check by the Magistrate on the police performing its duties under Chapter XII Cr.P.C. In cases where the Magistrate finds that the police has not done its duty of investigating the case at all, or has not done it satisfactorily, he can issue a direction to the police to do the Versus Counsel for Petitioner(s) : Parvesh Kumar Pandey, Sarvesh Kumar Pandey Counsel for Respondent(s) : G.A. Smt. Rajkumari Devi .....Petitioner(s) State Of Uttar Pradesh And 7 Others .....Respondent(s) investigation properly, and can monitor the same. 16. The power in the Magistrate to order further investigation under Section 156(3) is an independent power, and does not affect the power of the investigating officer to further investigate the case even after submission of his report vide Section 173(8). Hence the Magistrate can order re-opening of the investigation even after the police submits the final report, vide State of Bihar vs. J.A.C. Saldanha (SCC : AIR para 19). 17. In our opinion Section 156(3) Cr.P.C. is wide enough to include all such powers in a Magistrate which are necessary for ensuring a proper investigation, and it includes the power to order registration of an F.I.R. and of ordering a proper investigation if the Magistrate is satisfied that a proper investigation has not been done, or is not being done by the police. Section 156(3) Cr.P.C., though briefly worded, in our opinion, is very wide and it will include all such incidental powers as are necessary for ensuring a proper investigation." The provisions in B.N.S.S., 2023 which corresponds to Section 156(3) of Cr.P.C. is Section 175(3) of B.N.S.S. In case, the petitioner has any grievance against the manner in which the investigation is being conducted, the petitioner has the remedy to approach the concerned Magistrate under Section 175(3) of B.N.S.S. / Section 156(3) of Cr.P.C. It is not a case for interference by this Court under Article 226 of the Constitution of India, at this stage. The writ petition is dismissed. October 14, 2025 Anurag/- CRLP No. 22543 of 2025 2 (Divesh Chandra Samant,J.) (Salil Kumar Rai,J.) Digitally signed by :- ANURAG KUMAR VERMA High Court of Judicature at Allahabad