HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 10740 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 appearing 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 respondents concerned to take the necessary action in respect of the grievance of the petitioner raised in application contained in Annexure No.1 to this writ petitioner and also take necessary action against the respondent No.5 and his associates and also lodged FIR against them in the light of the order passed by the Hon'ble Court in Annexure No.3. Further prayer is for a mandamus commanding the respondents concerned to consider and decide the representation of the petitioner expeditiously within the stipulated time as provided by this Hon'ble Court. 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. Versus Counsel for Petitioner(s) : Durgendra Kumar Tiwari Counsel for Respondent(s) : G.A. Ram Kumar .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 4 Others .....Respondent(s) 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. . (Mrs. Babita Rani,J.) (Abdul Moin,J.) November 17, 2025 Reena/- CRLP No. 10740 of 2025 2 Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench