HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22532 of 2025 Court No. - 43 HON'BLE SALIL KUMAR RAI, J. HON'BLE DIVESH CHANDRA SAMANT, J. Heard the counsel for the petitioner and the A.G.A. representing the respondent Nos. 1 to 3. The present petition has been filed for the following reliefs:- "1. issue a writ, order or direction in the nature of mandamus, commanding and directing the respondent no. 2 and 3 to make proper and fair investigation by arresting the respondent no. 4 to 15 in Case Crime No. 0306 of 2025, Under Sections 191(2), 127(2), 115(2), 352, 3(5) of Bhartiya Nyaya Sanhita (B.N.S.), 2023 and Section 3(2)(va) of S.C./S.T. Act, Police Station-Bilsi, District- Budaun forthwith. 2. issue a writ, order or direction in the nature of mandamus, commanding and directing the respondent no. 2 and 3 to take appropriate action against the private respondent no. 4 to 15 and conclude the investigation in Case Crime No. 0306 of 2025, Under Sections 191(2), 127(2), 115(2), 352, 3(5) of Bhartiya Nyaya Sanhita (B.N.S.), 2023 and Section 3(2)(va) of S.C./S.T. Act, Police Station Bilsi, District Budaun, which is permissible under the law." 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 Versus Counsel for Petitioner(s) : Jay Singh Yadav Counsel for Respondent(s) : G.A. Prempal .....Petitioner(s) The State Of U.P. And 14 Others .....Respondent(s) satisfactorily, he can issue a direction to the police to do the 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 Vipasha CRLP No. 22532 of 2025 2 (Divesh Chandra Samant,J.) (Salil Kumar Rai,J.) Digitally signed by :- VIPASHA MUKHERJEE High Court of Judicature at Allahabad