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2025 DAILYLAW 57540 (ALL)

NIKHLENDRA v. STATE OF U.P. AND 5 OTHERS

CRLP/9701/2025 · 2025-05-14

Mahesh Chandra Tripathi, Sandeep Chaudhary Joint Registrar Judicial

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:80617-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 9701 of 2025 Petitioner :- Nikhlendra Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Rameshwar Singh Kushwaha 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 A.G.A. for the State respondents. 2. This writ petition is preferred praying for following principal relief: "(I) Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 2 and 3 to ensure the strict compliance of mandatory directions issued by the Constitution Bench of the Hon'ble Supreme Court in Para 120.1 to para 120.8 in the case reported in (2014) 2 SCC 1 Lalita Kumari Vs. Government of Uttar Pradesh and others decided on 12.11.2013 and Supreme Today Criminal Appeal No. 2351 of 2023, SLP (Crl.) No. 5883 of 2020 Sindhu Janak Nagargoje Vs. The State of Maharashtra and others decided on 08.08.2023, Smt. Razeena Bano and another Vs. State of U.P. reported in 2015 (2) ADJ 232 (Annexure No. 1 and 2 to the writ petition). (II) Issue a writ, order or direction in the nature of mandamus commanding the respondent 2 to ensure the strict compliance of the Circular No. DG-69/2004 dated November 06, 2014 contained in Smt. Razeena Bano and another Vs. State of U.P. reported in 2015 (2) ADJ 232." 4. Learned counsel for the petitioner has confined his prayer that petitioner's complaint dated 30.04.2025 may be decided by respondent No.2 - Commissioner of Police, Commissionerate, District Prayagraj within a time bound period. 5. Learned A.G.A. states that in case the said complaint has not yet been decided, the same would be decided as per law. 6. Considering the facts and circumstances of the case, we are not inclined to keep the writ petition pending consideration and call for a counter affidavit. 7. Therefore, without adverting on the merits of the case, with the consent of parties, this writ petition is disposed of finally with a direction to the second respondent i.e. Commissioner of Police, Commissionerate, District Prayagraj to consider the complaint of petitioner and pass appropriate order, strictly in accordance with law, expeditiously in directions issued by the Constitution Bench of the Hon'ble Supreme Court in Para 120.1 to para 120.8 in the case reported in (2014) 2 SCC 1 Lalita Kumari Vs. Government of Uttar Pradesh. Order Date :- 15.5.2025 NLY (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad