Hon'ble Mohd. Faiz Alam Khan,J.
Heard learned counsel for the petitioner and learned State-Counsel for the State-respondents.
It appears that an First Information Report dated 18.09.2020 at Case Crime No. 732 of 2020, under Section 420 and 409 of I.P.C. has been lodged at Police Station Gomti Nagar, Lucknow against the respondents No.4 to 8.
The submission of the petitioner is that in some scheme the petitioner, who is a retired teacher from Navoday Vidyalay had also invested and in fact he has also been cheated.
Learned counsel for the petitioner has also submitted that in relation to the cheating committed by the private respondents against the petitioner he attempted to lodge an F.I.R. before Police Station Lalganj, District Raebareli, wherein the police authorities of the said police station have reported that since the occurrence relates to Police Station Gomti Nagar, Lucknow as such any enquiry or any said proceeding can be launched only at Lucknow.
In the light of the aforesaid facts, submission of learned counsel for the petitioner is that since the petitioner has also been subjected to cheating, appropriate directions may be issued to the Investigating Agency for recovery of the amount of Rs. 10,22,600/-, which is said to have been invested by the petitioner with the private respondents.
Investigation of the Case Crime No. 732 of 2020 is still going on. At this juncture, any interference by this court in this writ petition may amount to uncalled for interference in the process of investigation which is the exclusive preserve of the Investigating Officer. The prayer made in this writ petition seeking a direction for recovery at this juncture also cannot be granted, for the reason that as to whether the petitioner has been cheated by the private respondents is an issue which needs determination during the course of trial or in any other appropriate proceedings.
It is on the satisfaction, of course, based on material which may be collected during the course of investigation, of the Investigating Agency/Officer that the investigation shall proceed in the manner which may be permissible and required as per law. Any interference at this juncture in this writ petition would certainly amount to restricting or putting fetters to the otherwise vested authority in the Investigating Officer to investigate a crime entrusted to him.
In the aforesaid view of the matter, we are not inclined to interfere in this petition, which is, hereby dismissed.
However, so far as the grievance of the petitioner relating to investigation is concerned, we make it open to the petitioner to approach the Commissioner of Police, Lucknow by way of making an appropriate representation taking all the pleas which may be available to him and annexing therewith all the documents on which the petitioner intends to rely.
Once any such representation is made to the Commissioner of Police, Lucknow, the same shall be considered and decided and appropriate action which may be warranted under law may also be taken by the Commissioner of Police, as expeditiously as possible.
(Mohd. Faiz Alam Khan, J.) (Devendra Kumar Upadhyaya, J.) Order Date :- 7.1.2021 Praveen