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2025 DAILYLAW 183399 (ALL)

SURENDRA KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME, LKO. AND OTHERS

CRLP/9774/2025 · 2025-11-17

Abdul Moin, Babita Rani

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9774 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J. 1. List of fresh cases is revised. 2. None appears for the petitioner to press this petition even in the revised call. 3. As such, the Court has gone through the file with the assistance of learned AGA appearing on behalf of the State-respondents. 4. By means of this this petition, the petitioner has prayed for conducting a fair and proper inquiry on the basis of his complaints as well as to register an FIR on the basis of petitioner's complaints. 5. The allegations have been indicated in the petition. 6. 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. Versus Counsel for Petitioner(s) : Santosh Kumar Dayal Counsel for Respondent(s) : C.S.C. Surendra Kumar .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home, Lko. And Others .....Respondent(s) 7. 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. November 17, 2025 Reena/- CRLP No. 9774 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench