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2025 DAILYLAW 151725 (ALL)

YASHODA NAND PANDEY v. STATE OF U.P. THRU. PRIN. SECY. MINISTRY OF HOME LKO. AND OTHERS

CRLP/6385/2025 · 2025-07-21

Sangeeta Chandra, Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:41551-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6385 of 2025 Petitioner :- Yashoda Nand Pandey Respondent :- State Of U.P. Thru. Prin. Secy. Ministry Of Home Lko. And Others Counsel for Petitioner :- Ram Singh Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Subhash Vidyarthi,J. 1. Heard the learned counsel for the petitioner and the learned A.G.A. for the State. 2. Present petition has been filed with the following prayer:- "(i) issue a writ, order or direction in the nature of Mandamus commanding the opposite party No. 2 to direct the opposite party No. 2 & 3 to ensure the compliance of the order dated 27.7.2022 passed by the Chief Judicial Magistrate, Ambedkar Nagar in Misc. Case No. 471 of 2022 "Yashoda Nand Pandey Versus Anand Shukla & others" upon the application 156(3) Cr.P.C. moved by the petitioner and lodge the first information report against the opposite party No. 4 to 10 in appropriate sections of Bhartiya Nyay Sanhita 2023 and investigate the matter in fair and impartial manner." 3. It has been submitted by the learned counsel for the petitioner that the petitioner had approached the Chief Judicial Magistrate, Ambedkar Nagar in an Application under Section 156(3) Cr.P.C. and an order was passed by the Magistrate on 27.07.2022 to register an FIR and investigate but till date, the order has not been complied with. 4. Learned AGA has produced before this Court the instructions sent by the Sri Awadesh Kumar Srivastava,Sub-Inspector of Police, Police Station- Katka, District- Ambedkar Nagar, which are taken on record, wherein it has been stated that in compliance of the aforesaid order passed by the Magistrate concerned a Case Crime No.31 of 2019 under Sections 504, 506 42 of IPC was registered against Anand Kumar, Sursati Devi, Gudiya and a final report was prepared on 17.04.2019. The concerned Magistrate has accepted the final report. The alleged incident has occurred on 13.06.2018. 5. It has also come out from the perusal of the said instructions that a complaint was made initially and an FIR was lodged bearing Case Crime No.31 of 2019 under Section 504, 506, 427 of IPC at Police Station- Jaitpur and a final report was submitted on 23.09.2019 before the court concerned. Thereafter, an application under Section 156(3) Cr.P.C. was filed in which the Chief Judicial Magistrate, Ambedkar Nagar called for a report from Police Station- Katka which informed the Magistrate that no FIR has been registered in Police Station- Katka. Hence, this confusion. 6. We take the instructions on record. We do not find any good ground to interfere in the present case. 7. Accordingly, the petition is hereby dismissed.. . (Subhash Vidyarthi,J.) (Sangeeta Chandra,J.) Order Date :- 21.7.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench