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2025 DAILYLAW 152875 (ALL)

PULKIT ALIAS PULKIT KUMAR BINDRA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF MEDICAL HEALTH AND FAMILY WELFARE AND OTHERS

CRLP/6614/2025 · 2025-07-25

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42834-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6614 of 2025 Petitioner :- Pulkit Alias Pulkit Kumar Bindra Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Medical Health And Family Welfare And Others Counsel for Petitioner :- Virendra Kumar Tripathi,Prabhat Kumar Srivastava Counsel for Respondent :- G.A.,Shubham Tripathi Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard the learned counsel for the petitioner, the learned A.G.A. who appears for the State and Shri Shubham Tripathi, learned counsel for the opposite party nos.2 to 4. 2. This petition has been filed by the petitioner with the following main prayer:- "(i) Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties no. 02 to 04 for an urgent comprehensive, thorough, transparent and fair medical treatment of the petitioner and proper documentation of findings for Medico-Legal reference. (ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties no. 05 to 07 to procure the Medico-Legal documentation / reports prepared by opposite parties no. 02 to 04 adhering to the Hon'ble Courts direction(s) for the patient / petitioner / victim for later examination by the Hon'ble Courts in the interest of justice as the petitioner falls under the category of Medico- Legal/ Medico-Legal Referral Case." 3. It is the case of the petitioner that an F.I.R. was lodged by him on 14.06.2025. The Investigating Officer is not taking interest in proper investigation of the case. Hence this petition has been filed. 4. Learned A.G.A. on the other hand, has raised a preliminary objection saying that for the relief, as claimed in this petition, the petitioner has statutory remedy of filing a Complaint/ Application before the Judicial Magistrate, concerned, under Section 156 (3) Cr.P.C. (corresponding Section 175 (3) of B.N.S.S., 2023) as observed by the Hon'ble Supreme Court in the case of Sakiri Vasu Vs. State of U.P. and Others reported in 2008 (2) SCC 409, an application can be filed to the Magistrate concerned who has very wide powers to direct and ensure a proper investigation. He can also monitor such investigation that the investigation is done properly. 5. Learned A.G.A. has produced before this Court the instructions sent by Shri Umesh Kumar Maurya, Sub Inspector, Aalambagh, District Lucknow dated 29.07.2025 wherein it has been stated that charge sheet has been prepared and submitted to the Supervisory Authority. Copy of such instructions is kept on record. 6. This petition is finally disposed of with a direction to the petitioner to approach the Magistrate concerned under Section 156 (3) Cr.P.C., (corresponding Section 175 (3) of B.N.S.S., 2023) who shall look into the matter and ensure that justice is done to the Complainant/ Informant. Order Date :- 25.7.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench