DHARMU v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND OTHERS
CRLP/4756/2025 · 2025-06-05
Rajesh Singh Chauhan, Ram Manohar Narayan Mishra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 143147 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 143147 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:34683-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 4756 of 2025 Petitioner :- Dharmu Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Ramesh Gupta,Sheikh Mohammad Ali Counsel for Respondent :- G.A. Hon'ble Rajesh Singh Chauhan,J. Hon'ble Ram Manohar Narayan Mishra,J.
1. Heard Sri Ramesh Gupta, learned counsel for the petitioner and Ms. Ranjana Sharma, learned Additional Government Advocate for the State. 2. In view of the proposed order, the notices to opposite party Nos.4, 5 & 6 are hereby dispensed with. 3. By means of this writ petition, the petitioner has prayed for the following reliefs:-
"(i) to issue a writ, order or direction in the nature of mandamus commanding the opposite party No.2 i.e. the Superintendent of Police, District-Sitapur to take appropriate action on the complaint dated 10.05.2025 submitted by the petitioner, as per the guidelines issued by the Hon'ble Apex Court in case of (2014) 2 SCC 1 "Lalita Kumari vs. State of U.P. & others", to ensure for lodging of the FIR forthwith in the interest of justice. (ii) to issue a writ, order or direction in the nature of mandamus directing the opposite party No.2 i.e. the Superintendent of Police, District-Sitapur to take appropriate action against the opposite party Nos.4 to 6 in accordance with law, in pursuance of the law laid down by the Hon'ble Supreme Court in case of "Lalita Kumari vs. State of U.P. & others", reported in (2014) 2 SCC 1, forthwith in the interest of justice."
4. Learned counsel for the petitioner has stated that on the serious allegation the petitioner approached the concerning police station to lodge the First Information Report (in short F.I.R.) but the same has not been lodged. Thereafter, the petitioner approached the Superintendent of Police, District- Sitapur on 10.05.2025 by means of a representation (Annexure No.1), but to no avail. Thereafter, the petitioner filed this petition seeking direction to the police concerned to lodge the F.I.R.
5. Learned Additional Government Advocate has however submitted that on the aforesaid representation of the petitioner dated 10.05.2025 the statements of the concerning persons were recorded and it was found that the allegation of the complaint could not be substantiated. 6.
Be that as it may, if any serious allegation has been levelled, the police concerned should lodge F.I.R. as the the allegation may be investigated only after lodging the F.I.R. The petitioner may file an application before the Magistrate under Section 175 (3) of B.N.S.S. and if such application is filed, any appropriate
order may be passed by the Magistrate.
7. In view of the aforesaid terms, the instant writ petition is
disposed of. [Ram Manohar Narayan Mishra,J.] [Rajesh Singh Chauhan,J.]
Order Date :- 5.6.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench