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2025 DAILYLAW 35306 (ALL)

SUSHILA SHUKLA AND ANOTHER v. STATE OF U.P. AND 6 OTHERS

CRLP/6896/2025 · 2025-07-15

Sandeep Chaudhary Joint Registrar Judicial, Siddhartha Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:115405-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 6896 of 2025 Petitioner :- Sushila Shukla And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Raj Kishor Pandey,Satya Prakash Pandey Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Anil Kumar-X,J. 1. Heard learned counsel for the petitioners and learned AGA for the State-respondents. 2. Present writ petition has been preferred by the petitioners with following prayer:- "(i). To call for the records and to issue a writ, order or direction in the nature of mandamus commanding the respondents/Police/Administrative Authorities to register the F.I.R. of the petitioners against respondent no.7 and her Aids and to investigate the matter in accordance with law. (ii). To issue a writ, order or direction in the nature of mandamus commanding the respondents/Police/Administrative Authorities to get back the House No.45-B situated in Friends Colony, Police Station Friends Colony, District Etawah of the petitioners from illegal grabbing by respondent No.7 and her Aids and possession of the house of the petitioner may be restored to her in accordance with law. (iii). To issue a writ, order or direction in the nature of mandamus commanding the respondents/Police/Administrative Authorities to consider the grievance of the petitioner regarding registration the F.I.R. of the petitioners against respondent No.7 and Aids and to investigate the matter and also regarding restoration of possession of the petitioner No.1 in her house." 3. From the perusal of the prayer it appears that the petitioners have prayed for lodging of the first information report. 4. Learned AGA submits that in that case the petitioners may approach the relevant Magistrate under section 173(4) of the B.N.S.S. 5. We do find substance in what learned AGA has submitted. 6. There is no merit in the writ petition. The writ petition is accordingly dismissed. 7. Further, if the petitioner no.1 is aggrieved by her children, then she has an efficacious remedy also to file an application under The Maintenance and Welfare of Parents and Senior Citizens Act, 2007. 8. Since the writ petition has been dismissed, the presence of the sub-inspector who appeared today is dispensed. Order Date :- 16.7.2025 VKG Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad