HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9131 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE TEJ PRATAP TIWARI, J. 1. Heard, learned counsel for the petitioner, learned AGA for respondents no.1 to 3 and Shri Brajendra Amiy who has filed vakalatnama on behalf of respondent No.4. 2. In view of the proposed order notice to respondent no.5 is dispensed with. 3. Instant petition has been filed praying for a mandamus commanding the respondents to lodge F.I.R. against respondent No.5. 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. 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. 5. Considering the aforesaid, the writ petition is disposed of leaving it open to the petitioner to file an appropriate application before the Versus Counsel for Petitioner(s) : Ram Phal Counsel for Respondent(s) : G.A. Anuj Devi .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Others .....Respondent(s) concerned Magistrate. In case the said application is filed the learned Magistrate shall proceed in accordance with law. November 3, 2025 prateek CRLP No. 9131 of 2025 2 (Tej Pratap Tiwari,J.) (Abdul Moin,J.) Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench