ARCHANA DEVI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. , LKO. AND OTHERS
CRLP/9009/2025 · 2025-10-09
Abdhesh Kumar Chaudhary, Abdul Moin
body2025
DailyLaw.ai
[ 2025 DAILYLAW 165873 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 165873 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9009 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J.
HON'BLE ABDHESH KUMAR CHAUDHARY, 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. Instant petition has been filed praying for a mandamus commanding the respondents to conduct the fair, proper and expeditious investigation of the FIR no.0101 of 2023, under Sections 307/120B, 34 IPC, Police Station Baldirai, District Sultanpur.
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 9, 2025 prateek Versus Counsel for Petitioner(s) : Sudhakar Mishra Counsel for Respondent(s) : G.A. (Abdhesh Kumar Chaudhary,J.) (Abdul Moin,J.) Archana Devi .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. , Lko. And Others .....Respondent(s) Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench