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2025 DAILYLAW 47542 (ALL)

RAKESH GUPTA v. STATE OF U.P. AND 5 OTHERS

CRLP/8006/2025 · 2025-04-29

Mahesh Chandra Tripathi, Sandeep Chaudhary Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:69250-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 8006 of 2025 Petitioner :- Rakesh Gupta Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Brijesh Kumar,Onkar Nath Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard learned counsel for the petitioner and learned AGA for the State respondent. 2. The instant writ petition has been preferred with following prayer:- "to issue a writ, order, or direction in the nature of mandamus directing the respondent concern to exercise power and jurisdiction conferred by the provisions of section 173(4) BNSS to get the first information report of cognizable offence and further to investigate himself or to direct his other subordinate competent police officer to register the case against the respondent no. 4 to 6 in terms of directions of Hon'ble Supreme Court given in paragraph No. 119 and 120 of the decision in the matter of Lalita Kumar vs. Government of Uttar Pradesh SCC 2014 (2) Page 1" 3. After substantial arguments, learned counsel for the petitioner submits that he may be permitted to confine his prayer to the extent that liberty may be granted to him to file application before the S.P. Fatehpur. 4. Considering the factual situation there is no need to issue notice to the respondents, hence, we are not inclined to issue any direction at this stage. Suffice to indicate, in case petitioner is aggrieved he may move fresh representation before S.P., Fatehpur in case any such application is preferred, we hope and trust the same will be decided in accordance with law. 5. In view of the above, on consent and without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of with the liberty to the petitioners to move a fresh representation before the second respondent i.e., Superintendent of Police, Fatehpur ventilating his grievance within a week from today and in case any such representation is being preferred definitely the same would be looked into, examined and remedied strictly in accordance with law. Order Date :- 30.4.2025 Ujjawal (Anil Kumar-X, J) (Mahesh Chandra Tripathi, J) Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad