SUSHIL KUMAR SHUKLA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS
CRLP/6021/2025 · 2025-07-09
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 149601 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 149601 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:39034-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6021 of 2025 Petitioner :- Sushil Kumar Shukla Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Akhilesh Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.
1. Learned counsel for the petitioner as well as learned A.G.A. for the State and perused the record. 2. This writ petition has been filed with following main prayers:
"(i) Issue a writ order or direction in the nature of mandamus commanding the concern the opposite parties to restrain the opposite party no.3 for creating any hindrance in peaceful living of the petitioner's family, in the interest of justice. (ii) Issue a writ order or direction in the nature of mandamus commanding the opposite party no.2 to take the appropriate decision upon the application dated 25.03.2025 moved by the petitioner as contained in Annexure No.1 to this writ petition, the interest of justice."
3. Learned counsel for the petitioner prays that only the Superintendent of Police, Pratapgarh be directed to consider petitioner's application dated 25.03.2025. 4. We have gone through application moved by the petitioner dated 25.03.2025 to the Superintendent of Police, Pratapgarh and prima facie, it is evident that the petitioner is aggrieved by the conduct of his wife/opposite party no.4 along with her brothers, who are harassing the petitioner. The opposite party no.4 has also beaten up the petitioner as well as his parents and has taken away jewelry etc. from his house, however, the petitioner has not lodged any F.I.R. for the alleged offence committed by the opposite party no.4 along with her brothers. 5. We do not think it proper to direct the Superintendent of Police, Pratapgarh to investigate or to take a decision without there being any F.I.R. lodged by the petitioner against opposite
party no.4 and even if the submission of learned counsel for the petitioner is believed that the petitioner tried to lodge F.I.R. by filing a complaint to the Station House Officer concerned earlier, he still has an opportunity to move an application before the Superintendent of Police, Pratapgarh under Section 156(3) of the Cr.P.C. (175(3) of B.N.S.S., 2023) or before the court concerned by filing a complaint under Section 200 of Cr.P.C. (223 of B.N.S.S.). 6. The writ petition is disposed of accordingly. .
(Brij Raj Singh,J.) (Sangeeta Chandra,J.) Order Date :- 9.7.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench