NARVADA DHURIYA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND OTHERS
CRLP/11984/2025 · 2025-12-18
Abdul Moin, Babita Rani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 194597 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 194597 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 11984 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 for respondents no.1 to 4.
2. In view of the proposed order, notice to respondent no.5 is dispensed with.
3. Instant petition has been filed praying for a mandamus commanding the opposite parties to enforce DG Circular No. 11/2021 March 12, 2021 issued by Director General of Police, ,Uttar Pradesh for lodging FIR on application moved by the petitioner on 04.11.2025, a copy of which has been annexed as Annexure-1 to the writ petition.
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 Versus Counsel for Petitioner(s) : Rajesh Kumar Dhuriya, Anil Kumar Nishad Counsel for Respondent(s) : G.A. Narvada Dhuriya .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others .....Respondent(s)
concerned Magistrate. In case the said application is filed the learned Magistrate shall proceed in accordance with law. (Mrs. Babita Rani,J.) (Abdul Moin,J.) December 18, 2025/Reena CRLP No. 11984 of 2025 2
Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench