HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8708 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE PRAMOD KUMAR SRIVASTAVA, J. Heard, learned counsel for the petitioner and learned AGA for respondents no.1 and 2. In view of the proposed order notice to respondent no.3 is dispensed with. Instant petition has been filed praying for a mandamus commanding the respondent no.2 to register the First Information Repoprt in this case and to conduct a fair and proper investigation and also not to harass the petitioner. 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. The same principle has been approved and reiterated by the Hon'ble Supreme Court in the case of M. Subramaniam and Another vs. S. Janaki and Another, reported in (2020) 16 SCC 728. 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 Haseen U. Versus Counsel for Petitioner(s) : Ajay Kumar Pandey Counsel for Respondent(s) : G.A. (Pramod Kumar Srivastava,J.) (Abdul Moin,J.) Susheel Kumar .....Petitioner(s) State Of U.P. Thru. Secy. Home Lko. And 2 Others .....Respondent(s) Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench