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2025 DAILYLAW 167942 (ALL)

2025, NEEMGAON, KHERI AND ANOTHER v. STATE OF U.P. THRU. SECY. DEPTT. OF HOME, LKO. AND OTHERS

CRLP/9313/2025 of COMPLAINANT OF FIR NO.-343 · 2025-10-09

Abdhesh Kumar Chaudhary, Abdul Moin

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9313 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE ABDHESH KUMAR CHAUDHARY, J. 1. Heard learned counsel for the petitioners and learned AGA for respondents no.1 to 3. 2. Instant petition has been filed praying for a mandamus commanding the respondents to conduct the fair, proper and expeditious investigation of the FIR no.0343/2025, under Section 87 of the B.N.S., 2023 lodged at Police Station Neemgaon, District Lakhimpur Kheri dated 14.08.2025. 3. 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. 4. Considering the aforesaid, the writ petition is disposed of leaving it open to the petitioners 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 MVS/- Versus Counsel for Petitioner(s) : Tufail Ahmad Counsel for Respondent(s) : G.A. (Abdhesh Kumar Chaudhary,J.) (Abdul Moin,J.) Complainant Of Fir No.-343 Of 2025, Neemgaon, Kheri And Another .....Petitioner(s) State Of U.P. Thru. Secy. Deptt. Of Home, Lko. And Others .....Respondent(s) Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench