Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 186096 (ALL)

SANJAY KUMAR PANDIT v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. AND OTHERS

CRLP/9683/2025 · 2025-11-03

Abdul Moin, Tej Pratap Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9683 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. 2. Instant petition has been filed praying for a mandamus commanding the opposite parties particularly opposite party no. 2 and 3 to register First Information Report against Opposite Party no. 4 in the light of the Judgement Lalita Kumar vs. Government of Uttar Pradesh AIR 2014 SC 187, in the interest of justice. 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. 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. 4. 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 3, 2025 Manoj Versus Counsel for Petitioner(s) : Amrit Kumar Tiwari Counsel for Respondent(s) : G.A. (Tej Pratap Tiwari,J.) (Abdul Moin,J.) Sanjay Kumar Pandit .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. And Others .....Respondent(s) Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad, Lucknow Bench