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2025 DAILYLAW 48267 (ALL)

SANDEEP KUMAR SHARMA v. STATE OF U.P. AND 2 OTHERS

CRLP/13714/2025 · 2025-07-20

Krishna Swaroop Dhar Dwivedi Senior Registrar J Conf, Salil Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:118032-DB Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 13714 of 2025 Petitioner :- Sandeep Kumar Sharma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anees Ahmad Counsel for Respondent :- G.A. Hon'ble Salil Kumar Rai,J. Hon'ble Sandeep Jain,J. Heard the counsel for the petitioner and the A.G.A. for the State. The present petition has been filed for the following relief : - "(i) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no.2 to take prompt legal action against the respondent no.3 and register the FIR under the appropriate section of the IPC for his unlawful manner and thoroughly investigate the matter in accordance with law which they are liable to be punished, in the interest of justice, during the pendency of the present writ petition before this Court otherwise, the petitioner shall suffer an irreparable loss and injury which cannot be compensated in terms of money." The petitioner has the remedy to file appropriate application under Section 173(4) read with 175(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 before the concerned Magistrate. In view of the availability of an alternative remedy to the petitioner, it is not a fit case for consideration by this Court under Article 226 of the Constitution of India. The petitioner may exercise alternative remedy available to him in law. The writ petition is dismissed. Order Date :- 21.7.2025 P Kesari Digitally signed by :- PRACHI KESARWANI High Court of Judicature at Allahabad