Rajeshwari Shankar Lal Verma Vs State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and 8 Others — Allahabad HC (2025) — LawSathi Research

Rajeshwari Shankar Lal Verma Vs State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and 8 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of with a direction to the petitioner to approach the Magistrate concerned under Section 175(3) of B.N.S.S. (corresponding Section 156(3) Cr.P.C.), who shall look into the matter and ensure justice is done to the Complainant/Informant; issuance of notice to private respondents dispensed with.

Issue for consideration

Whether the petitioner is entitled to a writ of mandamus directing opposite party nos.2 and 3 to make fair investigation in pursuance of the F.I.R. dated 25/12/2024 in Case Crime No.0192/2024. +1 more

Ratio / Principle

The writ petition is finally disposed of with a direction to the petitioner to approach the Magistrate concerned under Section 175(3) of B.N.S.S. (corresponding Section 156(3) Cr.P.C.), who shall look into the matter and ensure that justice is done to the Complainant/Informant.

Key takeaways

For the orders proposed to be passed, issuance of notice to the private respondents is dispensed with.obiter¶7

Detailed headnote1 paragraphs

Neutral Citation No. 2025:AHC-LKO:6815-DB — Criminal Misc. Writ Petition No. 867 of 2025 (Court No. 9, High Court of Judicature at Allahabad, Lucknow Bench, decided 31.1.2025 by Hon'ble Mrs. Sangeeta Chandra and Hon'ble Shree Prakash Singh, JJ.). Petitioner Rajeshwari Shankar Lal Verma sought a writ of mandamus commanding opposite party nos.2 and 3 to make fair investigation in pursuance of the F.I.R. dated 25/12/2024 lodged by her against accused persons/opposite party nos.4 to 9 in Case Crime No.0192/2024 under Sections 191(2), 103 and 238 of Bhartiya Nyaya Sanhita, 2023 at Police Station Mandhata, District Pratapgarh, complaining that no fair investigative steps had been taken in the murder case. Learned A.G.A. reported that till 25.01.2025 seven parchis had been issued and witness statements (including of a Mumbai-based witness) recorded, and raised the preliminary objection that the petitioner has the statutory remedy of filing a Complaint/Application before the Judicial Magistrate under Section 175(3) of B.N.S.S. (corresponding Section 156(3) Cr.P.C.), as observed by the Supreme Court in Sakiri Vasu v. State of U.P., 2008 (2) SCC 409. Issuance of notice to private respondents was dispensed with, and the petition was finally disposed of with a direction to the petitioner to approach the Magistrate concerned under Section 175(3) of B.N.S.S., who shall look into the matter and ensure justice is done to the Complainant/Informant.

Neutral Citation No. - 2025:AHC-LKO:6815-DB

Court No. - 9

Case :- CRIMINAL MISC. WRIT PETITION No. - 867 of 2025

Petitioner :- Rajeshwari Shankar Lal Verma Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And 8 Others Counsel for Petitioner :- Rakesh Kumar Singh Counsel for Respondent :- G.A.

Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Shree Prakash Singh,J.

1. Heard the learned counsel for the petitioner and the learned A.G.A. who appears for the respondent nos.1 to 3.

2. For the orders proposed to be passed, issuance of notice to private respondents is dispensed with.

3. This petition has been filed by the petitioner with the following main prayer:-

"i) A writ, order or direction in the nature of Mandamus thereby commanding and directing the oppostie party nos.2 and 3 to make fair investigation in pursuance of the F.I.R. dated 25/12/2024 lodged by the petitioner against the accused persons/ opposite party nos.4 to 9 in Case Crime No.0192/2024, under Sections 191(2), 103 and 238 of Bhartiya Nyaya Sanhita, 2023 at the Police Station Mandhata, District Pratapgarh, as contained in Annexure No.1 to this writ petition."

4 . It has been submitted by learned counsel for the petitioner that the petitioner has lodged an F.I.R. and it is a case of murder, but no steps have been taken by the Investigating OfÏcer to conduct the investigation fairly. Hence this petition has been filed.

5. Learned A.G.A., on the basis of instructions, says that the F.I.R. was lodged only on 25.12.2024, but till 25.01.2025 seven parchis have been issued and statements of various witnesses have also been recorded including of one who lives in Mumbai.

6. Learned A.G.A. has also raised a preliminary

objection saying that for the relief, as claimed in this petition, the petitioner has statutory remedy of filing a Complaint/ Application before the Judicial Magistrate, concerned, under Section 175(3) of B.N.S.S. (corresponding Section 156(3) Cr.P.C.) as observed by the Hon'ble Supreme Court in the case of Sakiri Vasu Vs. State of U.P. and Others reported in 2008 (2) SCC 409, an application can be filed to the Magistrate concerned, who has very wide powers to direct and ensure a proper investigation. He can also monitor such investigation that the investigation is done properly.

7. This petition is finally disposed of with a direction to the petitioner to approach the Magistrate concerned under Section 175(3) of B.N.S.S. (corresponding Section 156(3) Cr.P.C.), who shall look into the matter and ensure that justice is done to the Complainant/ Informant.

Order Date :- 31.1.2025 Rahul

Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench