Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 164820 (ALL)

SMT. SUSHMA VERMA @ SUSHMA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO. AND OTHERS

CRLP/8714/2025 · 2025-10-10

Abdul Moin, Pramod Kumar Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8714 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 respondent no.4 is dispensed with. 3. Learned counsel for the petitioner states the he only confining his prayer to prayer No.2, which is for a mandamus commanding the respondents authorities to conduct the fair, proper and expeditious investigation of the FIR no.687 dated 17.07.2025, under Sections 108, 308(5), 351(3), 61(2) of B.N.S., registered at Police Station-Kotwali, District Barabanki. 4. At the very outset, learned A.G.A. on the basis of instructions sent by Sub-Inspector, Lal Ji Yadav of Police Station Kotwali Nagar, District Barabanki states that one of the accused, namely, Satish Kumar Verma has been arrested in pursuance to the F.I.R. 5. Hon'ble Supreme Court in the case of Sakiri Vasu vs. State of Uttar Pradesh and others - (2008) 2 SCC 409 which has been subsequently considered in M. Subramaniam and others vs. S. Janki and others : 2020 (16) SCC 728, 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 to the Versus Counsel for Petitioner(s) : Raj Karan Singh Counsel for Respondent(s) : G.A. Smt. Sushma Verma @ Sushma .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Others .....Respondent(s) 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. 6. 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 Arvind CRLP No. 8714 of 2025 2 (Pramod Kumar Srivastava,J.) (Abdul Moin,J.) Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench