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2025 DAILYLAW 153735 (ALL)

SMT. RADHIKA SYAM v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND OTHERS

CRLP/6760/2025 · 2025-07-30

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44043-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6760 of 2025 Petitioner :- Smt. Radhika Syam Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Afzal Hasan Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. Heard learned counsel for the petitioner and learned A.G.A. for the State. This petition has been filed by the petitioner with the following main prayers : "(i) to issue a writ, order or direction in the nature of Mandamus commanding the Opposite Police parties 2/ Superintendent Lakhimpur Kheri, District- Lakhimpur Kheri, to take appropriate action on the complaint dated 22.05.2025 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 insure for lodging of the FIR forthwith in the interest of justice. (ii) issue a writ, order or direction in the nature of Mandamus directing the Opposite parties 2 Superintendent of Police Lakhimpur Kheri, District- Lakhimpur Kheri to take appropriate action against the culprits 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." It has been submitted by learned counsel for the petitioner that the petitioner's son died under suspicious circumstances and despite repeated applications, the police have not registered the F.I.R. Hence, the present writ petition has been filed. Learned A.G.A. has produce before this Court the instructions sent by Shri Vinod Dwivedi, Sub Inspector, Police Station Daurhara, District Kheri wherein it has been stated that the petitioner has already moved an application under Section 173 (4) of BNSS before the Magistrate concerned, who has called for a report from the concerned police station. Copy of such instructions is taken on record. This fact has not been mentioned in the writ petition. The writ petition is disposed of with liberty to the petitioner to approach the Magistrate concerned. Order Date :- 30.7.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench