Neutral Citation No. - 2024:AHC-LKO:44464-DB
Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 4603 of 2024
Petitioner :- Complainant/ Victim Of Case Crime No. 335/2024
Lko.
Respondent :- State Of U.P. Thru. Its Prin. Secy. Home Lko And
5 Others
Counsel for Petitioner :- Amit Srivastava
Counsel for Respondent :- G.A.
Hon'ble Attau Rahman Masoodi,J.
Hon'ble Ajai Kumar Srivastava-I,J.
1. Heard learned counsel for the petitioner and learned A.G.A.,
who appears for the State.
2. This petition has been filed by the petitioner with the
following main prayers :-
"(i) issue a writ, or order, or direction in the nature of
Mandamus commanding the respondent no.1-3 to take
necessary action against the respondent no.5 & 6 for
supporting the accused, rude behaviour with petitioner
& slow/unfair investigation in the FIR no.335/2024 U/s-
323, 376, 313 IPC & 3/5 U.P. Anti religion conversion Act
police Station Madiyaon, District- Lucknow.
(ii) issue a writ, or order, or direction in the nature of
Mandamus commanding the respondent no.1-3 to take
necessary action for fair and fast investigation in the
FIR no.335/2024 U/s- 323, 376, 313 IPC & 3/5 U.P. Anti
religion conversion Act police Station Madiyaon,
District- Lucknow."
3. It is the case of the petitioner that an F.I.R. was lodged by
him on 31.05.2024. The Investigating OfÏcer is not taking
interest in proper investigation of the case. Hence this petition
has been filed.
4. The learned A.G.A., on the other hand, has raised a
preliminary objection saying that for the relief, as claimed in
this petition, the petitioner has remedy of filing an appropriate
application before the Magistrate concerned in view of law laid
down by Hon'ble the Supreme Court in Sakiri Vasu Vs. State
of U.P. and Others reported in (2008) 2 SCC 409. For ready
reference, paragraphs No.17 and 18 of Sakiri Vasu's case
(supra) are quoted herein below :-
"17. In our opinion Section 156(3) CrPC 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 FIR 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) CrPC,
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.
18. It is well settled that when a power is given to an authority to
do something it includes such incidental or implied powers which
would ensure the proper doing of that thing. In other words,
when any power is expressly granted by the statute, there is
impliedly included in the grant, even without special mention,
every power and every control the denial of which would render
the grant itself ineffective. Thus where an Act confers jurisdiction
it impliedly also grants the power of doing all such acts or
employ such means as are essentially necessary for its
execution."
5. Accordingly, this petition is finally disposed of with liberty
to the petitioner to move an appropriate application before the
Magistrate concerned, who shall dispose of the same in the light
of paragraphs No.17 and 18 of Sakiri Vasu's case (supra).
(A.K. Srivastava-I, J.) (A.R. Masoodi, J.)
Order Date :- 28.6.2024
cks/-
Digitally signed by :-
CHANDRA KANT SINGH
High Court of Judicature at Allahabad,
Lucknow Bench