HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10927 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J. 1. Heard learned counsel for the petitioner and learned AGA appearing for respondents no.1 to 4. 2. In view of the proposed order notice to respondents no. 5 to 13 is dispensed with. 3. Instant petition has been filed praying for a mandamus commanding the Police Commissioner, Lucknow i.e. opposite party No.3 to register the case of murder of Indirani mother of petitioner on the basis of application of the petitioner dated 29.10.2025 (Annexure -1) and investigate the case in accordance with law. Further a prayer for a mandamus commanding the opposite party No. 1 to 2 to make proper arrangement of protection of life of the petitioner and his family members. 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 under relevant provisions 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. 5. Considering the aforesaid, the writ petition is disposed of leaving it open to the petitioner to file an appropriate application before the concerned Versus Counsel for Petitioner(s) : Rajendra Singh Counsel for Respondent(s) : G.A. Siya Ram .....Petitioner(s) State Of U.P. Thru. Secy. Home Lko. And Others .....Respondent(s) Magistrate. In case the said application is filed the learned Magistrate shall proceed in accordance with law. . (Mrs. Babita Rani,J.) (Abdul Moin,J.) November 19, 2025 Reena/- CRLP No. 10927 of 2025 2 Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench