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2025 DAILYLAW 163539 (ALL)

KHUSI RAM v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND OTHERS

CRLP/8594/2025 · 2025-10-10

Abdul Moin, Pramod Kumar Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8594 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE PRAMOD KUMAR SRIVASTAVA, J. 1. Heard learned counsel for the petitioner and learned AGA for respondents no.1 to 3. 2. In view of the proposed order notice to respondents no.4 to 7 is dispensed with. 3. Instant petition has been filed praying for a mandamus commanding the respondents no.3 to register FIR against respondents no.4 to 7 and investigate the matter as per law. 4. Hon'ble Supreme Court in the case of Sakiri Vasu vs. State of Uttar Pradesh and others - (2008) 2 SCC 409 has held that if a person has a grievance that his FIR has not been registered or having been registered proper investigation is not being done then the remedy to the aggrieved person is not to go the High Court under Article 226 of the Constitution but to approach the concerned Magistrate under Section 156(3) of Cr.P.C. now Section175(3) of B.N.S.S., 2023. 5. Considering the aforesaid, the writ petition is disposed of leaving it open to the petitioner to file an appropriate application before the concerned Magistrate. In case the said application is filed the learned Magistrate shall proceed in accordance with law. October 10, 2025 A. Katiyar Versus Counsel for Petitioner(s) : Kiran, Chandra Prakash Singh Counsel for Respondent(s) : G.A. (Pramod Kumar Srivastava,J.) (Abdul Moin,J.) Khusi Ram .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others .....Respondent(s) Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench