CHETAN LAKHANPAL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS
CRLP/7238/2025 · 2025-08-08
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 156690 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 156690 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:46391 Court No. - 13 Case :- CRIMINAL MISC. WRIT PETITION No. - 7238 of 2025 Petitioner :- Chetan Lakhanpal Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Petitioner :- Diwaker Pandey Counsel for Respondent :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Diwaker Pandey, learned counsel for the petitioner and Sri Amit Kumar Dwivedi, learned A.G.A for the State.
2. By means of the instant petition filed under Under Article 226 of the Indian Constitution, the petitioner has prayed for the following reliefs:-
"1. Issue a writ/order/direction of Mandamus directing the Ld. Magistrate to treat the application of Petitioner U/S 175(3) OF B.N.S.S.
2. Issue a writ/order/direction of Certiorari setting aside the
order Ld. Magistrate in case no. 4237/2023 dated 02.07.2025 and it's consequential proceedings in case no. 70345/2025."
3. Prayer No. 1 sought by the petitioner is not clear and by means of prayer no.2, the petitioner has challenged the validity of an order passed by a Magistrate, for which he has got a remedy before the Session Judge.
4. As the petitioner has got a statutory remedy available to him, this Court does not find any good ground to entertain the writ petition by passing the statutory remedy available before the Session court.
5. Accordingly, the writ petition is dismissed as not maintainable. (Subhash Vidyarthi,J.)
Order Date :- 8.8.2025/Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench