UMESH KUMAR PRAJAPATI v. STATE OF U.P. AND 5 OTHERS
CRLP/4678/2025 · 2025-03-11
Mahesh Chandra Tripathi, Prashant Kumar
body2025
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[ 2025 DAILYLAW 23732 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 23732 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:36135-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 4678 of 2025 Petitioner :- Umesh Kumar Prajapati Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Chandra Shekhar Mishra Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. Heard Sri Chandra Shekhar Mishra, learned counsel for the petitioner and learned A.G.A. for the respondents.
2. In pith and substance, grievance of the petitioner is that the respondent no.2 may be directed to lodge an F.I.R. against the private respondents in appropriate sections and take necessary actions against them. The relief is pressed in the light of the
judgment passed by Hon'ble Apex Court in Lalita Kumari Vs. Govt. of Uttar Pradesh (2024) 2 SCC 1. 3.Per contra, learned A.G.A. raised an objection regarding maintainability of the writ petition, asserting that Cr.P.C./B.N.S.S. is a self-contained Act. It was further argued that no evidence has been presented to show that the F.I.R. has not been registered at the police station. If the F.I.R. has not been lodged, the petitioner may file an application before the Superintendent of Police. Additionally, the petitioner has an equally efficacious remedy to approach the Magistrate concerned under Section 156(3) Cr.P.C./173(4) B.N.S.S.
4. In the facts and circumstances, no useful purpose would be served in keeping the writ petition pending and with the consent of the parties, the writ petition is
disposed of finally with an observation that in case the petitioner moves and appropriate application before the Superintendent of Police concerned within a week's time, we hope and trust the same shall be decided strictly in accordance with law by the concerned Superintendent of Police .
Order Date :- 12.3.2025 pks (Prashant Kumar, J.) (M.C. Tripathi, J.) Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad