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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 23199 of 2025 Court No. - 47 HON'BLE RAJEEV MISRA, J.
HON'BLE DR. AJAY KUMAR-II, J. Heard Mr. Ashish Kumar Maurya, Advocate, holding brief of Mr. Satya Prakash Singh, the learned counsel for petitioner and the learned A.G.A. representing State respondents 1, 2 and 3. Petitioner Meena Devi has approached this Court by means of present writ petition with the following prayer:-
"A. Issue a writ, order or direction in the nature of writ of MANDAMUS commanding the Respondents authorities to arrest the Respondent Nos. 4 to 7 immediately, because he has committed cognizable offence and investigating officer may be summoned before this Hon'ble Court to submit the progress report of the First Information Report dated 23.06.2025 registered as case crime no. 0165 of 2025 under section 103(1), 238, 352, 351(3) of B.N.S., Police Station- Urua Bazar, District-Gorakhpur. B. Issue a writ, order or direction in the nature of writ of Mandamus commanding the Respondent authorities to proceed for issuance coercive measures under section 82 and 83 of Cr.P.C. to effect the arrest of the Respondent Nos. 4 to 7, who are evading the arrest in collusion with the investigating officer in First Information Report 23.06.2025 registered as case crime no. 0165 of 2025 under section 103(1), 238, 352, 351(3) of B.N.S., Police Station- Urua Bazar, District-Gorakhpur. C. Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case. Versus Counsel for Petitioner(s) : Phool Singh Patel, Satya Prakash Singh Counsel for Respondent(s) : G.A. Meena Devi .....Petitioner(s) State Of U.P. And 6 Others .....Respondent(s)
D. Award the cost to the petitioner." At the very outset, the learned A.G.A. has raised a preliminary objection by contending that in respect of grievance raised in present writ petition, remedy lies to the petitioner to approach the Jurisdictional Magistrate. In view of the law laid down by Apex Court in Sakiri Vasu Vs. State of U.P. and others (2008) 1 SCC (Cri) 440, present writ petition is not maintainable. As such, present writ petition is liable to be dismissed. When confronted with above, the learned counsel for petitioner could not overcome the same. In view of above, present writ petition is dismissed on the ground of alternative remedy. October 14, 2025 HSM CRLP No. 23199 of 2025 2 (Dr.
Ajay Kumar-II,J.) (Rajeev Misra,J.) Digitally signed by :- HARI SHANKER MISHRA High Court of Judicature at Allahabad