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2025 DAILYLAW 202442 (ALL)

SHEETALA BAKS SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. AND OTHERS

CRLP/9061/2025 · 2025-10-28

Abdul Moin, Babita Rani

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9061 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 3. 2. In view of the proposed order notice to respondents no.4 to 11 is dispensed with. 3. Instant petition has been filed praying for a mandamus commanding the respondent no.2 to ensure free, fair, proper and impartial and speedy investigation of F.I.R. No.384 of 2025, under Section 3(5), 115(2), 352, 351(3) B.N.S., Police Station-Kotwali Dehat, District-Hardoi. 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 of India under Section 156(3) of Cr.P.C. 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 Versus Counsel for Petitioner(s) : Abhinav Singh Counsel for Respondent(s) : G.A. Sheetala Baks Singh .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. And Others .....Respondent(s) 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 28, 2025 Arti/- CRLP No. 9061 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- ARTI MAURYA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARTI MAURYA High Court of Judicature at Allahabad, Lucknow Bench