RAJEEV SRIVASTAVA v. STATE OF U.P. THRU. ADDL. CHIEF SECY./PRIN. SECY. DEPTT. OF HOME LKO. AND OTHERS
CRLP/5564/2025 · 2025-06-26
Kshitij Shailendra, Pankaj Bhatia
body2025
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[ 2025 DAILYLAW 147787 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 147787 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:36556-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5564 of 2025 Petitioner :- Rajeev Srivastava Respondent :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Rajendra Kumar Dwivedi Counsel for Respondent :- G.A. Hon'ble Pankaj Bhatia,J. Hon'ble Kshitij Shailendra,J.
1. Heard learned counsel for the petitioner and learned A.G.A. for the State.
2. The present writ petition has been filed with the following main relief:-
"(i). Issue a writ, order or direction in the nature of Mandamus directing the Opposite Party No. 2 i.e. Superintendent of Police-Sitapur, District Sitapur to take appropriate action on the complaint dated 30.05.2025 submitted by the petitioner as contained in Annexure No. 1 to the writ petition as submitted by the petitioner, which is settled provisions of law as per guidelines issued by the Hon'ble Apex Court in the case of (2014) 2 SCC 1 "Lalita Kumari Versus State of U.P. & Others" to ensure for lodging of the FIR forthwith in the interest of justice."
3. During the course of arguments, reliance has been placed on order of this Court dated 23.02.2021 passed by a Co-ordinate Bench of this Court in Misc. Bench No.- 5068 of 2021 (Sunita Devi vs. State of U.P. Thru Prin. Secretary Home, Lko. & Ors.). The said order is quoted as follows:-
"Heard learned counsel for the petitioner and learned Additional Government Advocate for the respondents.
Learned counsel for the petitioner submits that petitioner has approached opposite party nos.5 to 7 for lodging the F.I.R., however no heed has been paid in the matter in question. So, the petitioner has approached this Court with the following main relief:-
"Issue a writ, order or direction in the nature of mandamus commanding the opposite party No. 2 and 3 to consider the representation dated 14.10.2020 of the petitioner and lodged the first information report in suitable sections of Indian penal Code against the opposite party Nos. 4, 5 & 6." After hearing learned counsel for the parties and going through the record as well as taking into consideration the law laid down by Hon'ble Apex Court in the case of Lalita Kumari Vs. Government of Uttar Pradesh and others reported in (2014) 2 SCC 1, we hereby direct the petitioner to approach opposite party no.3 in respect to the grievances which she has raised in the present writ petition and thereafter opposite party no. 3 shall take appropriate steps in the matter in question as per law laid down by Hon'ble Apex Court in the case of Lalita Kumari (supra). With the above observations, the writ petition is disposed of."
4. Considering the facts of the case and the order quoted above, the present writ petition stands disposed of in view of law laid down by Hon'ble Apex Court in the case of Lalita Kumari Vs. Government of Uttar Pradesh and others reported in (2014) 2 SCC 1, directing the petitioner to approach opposite party No.2 in respect to the grievances which she has raised in the present writ petition and thereafter opposite party No.2 shall take appropriate steps in the matter in question as per law laid down by Hon'ble Apex Court in the case of Lalita Kumari (supra). (Kshitij Shailendra, J.) (Pankaj Bhatia, J.)
Order Date :- 26.6.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench