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2025 DAILYLAW 203676 (ALL)

DAN BAHADUR v. STATE OF U.P. THRU. PRIN. SECY. HOME AND 10 OTHERS

/9332/2025 · 2025-10-13

Abdul Moin, Babita Rani

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9332 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J. Heard, learned counsel for the petitioner and learned AGA for respondents no.1 to 6. In view of the proposed order notice to respondents no.7 to 11 are dispensed with. Instant petition has been filed praying for a mandamus commanding the respondents no. 1 to 6 to register the First Information Report of the petitioner under proper and appropriate section as per the allegations levelled in the application dated 15.09.2025, a copy of which is annexure 4 to the petition and conduct a fair and proper investigation and not to harass the petitioner. 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. 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) : Anurag Singh Chauhan, Abhay Kumar Pandey, Ananya Singh Chauhan Counsel for Respondent(s) : G.A. Dan Bahadur .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home And 10 Others .....Respondent(s) 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 13, 2025 Pachhere/- CRLP No. 9332 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench