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2025 DAILYLAW 194924 (ALL)

HARKESH KUMAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY./PRIN. SECY. HOME LKO. ADN 3 OTHERS

CRLP/9288/2025 · 2025-10-09

Abdhesh Kumar Chaudhary, Abdul Moin

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9288 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE ABDHESH KUMAR CHAUDHARY, J. 1. Heard learned counsel for the petitioner and learned AGA for respondents no.1 to 3. 2. Shri V.P. Trivedi holding brief of Shri Sudhakar Mishra, Advocate has put in appearance on behalf of respondents No.4 to 7. 3. Instant petition has been filed praying for a mandamus commanding the respondents to conduct the fair, proper and expeditious investigation of the FIR no.0243 of 2025, dated 21.08.2025, under Sections 115(2), 352, 351(3) B.N.S., Police Station Baldirai, District Sultanpur. 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 Section175(3) of B.N.S.S., 2023. 5. 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. October 9, 2025 prateek Versus Counsel for Petitioner(s) : Shesh Mani Shukla, Arvind Yadav Counsel for Respondent(s) : G.A. (Abdhesh Kumar Chaudhary,J.) (Abdul Moin,J.) Harkesh Kumar .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Home Lko. Adn 3 Others .....Respondent(s) Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench