HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 23214 of 2025 Court No. - 47 HON'BLE RAJEEV MISRA, J. HON'BLE DR. AJAY KUMAR-II, J. 1. Heard Mr. Chandra Prakash Pandey, the learned counsel for petitioner and the learned A.G.A. representing respondents 1 to 3. 2. Perused the record. 3. This writ petition has been filed with the following prayer:- "(a) Issue a writ, order or direction in the nature of Mandamus commanding and directing the respondent no. 2 and 3 to perform the fair and impartial investigation and search the stolen truck of the petitioner as well as arrest the accused as well as also may be direct to the respondents not to harass to the petitioner in pursuance of the impugned first information report dated 30.01.2025 lodged by Petitioner/Informant namely Shiv Om Singh against 3-4 unknown persons under Sections 309(6) BNS bearing Case Crime No. 0051 of 2025, Police Station- Kotwali Tirwa, District- Kannauj." 4. At the very outset, the learned A.G.A. has raised a preliminary objection by contending that in view of the law laid down by Apex Court in Sakiri Vasu Vs. State of U.P. (2008) 2 SCC 409, remedy lies to the petitioner to approach the judicial magistrate for redressal of his grievance raised in present writ petition. As such the present writ petition is misconceived and therefore liable to be dismissed. 5. When confronted with above, the learned counsel for petitioner could not overcome the same. 6. Having heard the learned counsel for petitioner, the learned A.G.A. for Versus Counsel for Petitioner(s) : Chandra Prakash Pandey, Saurabh Mishra Counsel for Respondent(s) : G.A. Shiv Om Singh .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) State respondents 1 to 3 and upon perusal of record, we find that the preliminary objection raised by the learned A.G.A. is clearly borne out from the record. Moreover, the same could not be dislodged by the learned counsel for petitioner with reference to the record at this stage. 7. In view of the above, this writ petition fails and is accordingly dismissed on the ground of alternative remedy. October 14, 2025 Sharad/- CRLP No. 23214 of 2025 2 (Dr. Ajay Kumar-II,J.) (Rajeev Misra,J.) Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad