SANGEETAversusSTATE OF U.P. AND 9 OTHERS

          HIGH COURT OF JUDICATURE AT ALLAHABAD
            CRIMINAL MISC. WRIT PETITION No. - 22948 of 2026

Sangeeta
                                                                     .....Petitioner(s)
                                        Versus

State Of U.P. And 9 Others
                                                                   .....Respondent(s)

Counsel for Petitioner(s)                        :    Vinod Kumar Yadav
Counsel for Respondent(s)                        :    G.A.

Court No. - 45
                 HON'BLE SALIL KUMAR RAI, J.
                 HON'BLE PADAM NARAIN MISHRA, J.

1. Heard learned counsel for the petitioner and the AGA for the State.

2. The present petition has been filed praying for the following reliefs :-

"1. Issue a writ order or direction in the nature of mandamus commanding and

directing the respondent's no. 3 and 4 to make fair investigation and arrest the accused

respondent no. 5 to 10 in Case Crime no. 0196 of 2026 under sections 85, 80(2), 352,

351(3) B.N.S and 3/4 D.P. Act, police station Kandhrapur District Azamgarh.

2. Issue a writ order or direction in the nature of mandamus commanding and directing

the respondent's no. 3 and 4 to arrest the accused respondent no. 5 to 10 in Case Crime

no. 0196 of 2026 under sections 85, 80(2), 352, 351(3) B.N.S and3/4 of D.P. Act,

police station Kandhrapur District Azamgarh."

3. 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 investigation properly,
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                                    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."

                                    4. 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.

                                    5. It is not a case for interference by this Court under Article 226 of the

                                    Constitution of India, at this stage.

                                    6. The writ petition is dismissed.



                                                                (Padam Narain Mishra,J.) (Salil Kumar Rai,J.)
                                    September 30, 2026
                                    Rama Kant




Digitally signed by :-
RAMA KANT
High Court of Judicature at Allahabad