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2025 DAILYLAW 109133 (ALL)

KULDEEP GAUTAM v. State of UP AND 7 OTHERS

CRLP/21719/2024 · 2025-02-14

Mahesh Chandra Tripathi, Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:21208-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 21719 of 2024 Petitioner :- Kuldeep Gautam Respondent :- State Of Up And 7 Others Counsel for Petitioner :- Ankita Gupta Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J. 1. Heard Mrs. Renu Pandey holding brief of Ms. Ankita Gupta, learned counsel for the petitioner and learned AGA for the State-respondents. 2. This writ petition is preferred praying for the following principal relief: "(i) Issue a writ, order or direction in the nature of Mandamus directing the respondent nos.2 & 3 to register the FIR against the respondent no.4 to 8." 3. The aforesaid relief is pressed in the light of Lalita Kumar vs. Government of U.P. and others, (2014) 2 SCC 1. 4. Per contra, the relief is opposed by the learned AGA on the premise that the alleged SIM has been used by the petitioner. Moreover, in case the petitioner is aggrieved, he has an efficacious remedy of filing an application under Section 156(3) Cr.P.C./175(3) B.N.S.S. 5. Considering the relief pressed before us, no positive direction for lodging an FIR is issued. However, it is open to the petitioner to move an application under Section 156(3) Cr.P.C./175(3) B.N.S.S. 6. In view of the aforesaid, the writ petition stands disposed of. Order Date :- 14.2.2025 NLY Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad