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2025 DAILYLAW 62531 (ALL)

MITHLESH KUMAR MISHRA v. STATE OF U.P. AND 3 OTHERS

CRLP/10872/2025 · 2025-05-26

Vivek Kumar Birla, Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:89920-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 10872 of 2025 Petitioner :- Mithlesh Kumar Mishra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jagat Narayan Mishra Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Sri Santosh Kumar Dubey, holding brief of Sri Jagat Narayan Mishra, learned counsel for the petitioner as well as Sri Pankaj Kumar, learned AGA appearing for the State respondents and perused the record. 2. Present petition has been filed with the following prayers: "I. Issue a writ, order or direction in the nature of mandamus directing the respondent no. 2, i.e. Director General of Polic (D.G.P.) Uttar Pradesh Lucknow to investigate the petitioner matter through any Independent Agency i.e. C.B.C.I.D. or Special Task Force (S.T.F.) within a shortest time bound period. II. Issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 Director General of Police Uttar Pradesh Lucknow to decide the petitioner's application/representation dated 16.1.2025 in accordance with law within a time bound stipulated period." 3. The petitioner is informant and has filed first information report dated 23.12.2024 registered as Case Crime No. 347 of 2024, under Sections 326(d) BNS. 4. The prayer so made as quoted above is being made on the ground that the petitioner is owner of gun shop wherein various arms and ammunition are stored and kept and in case any incident takes place in future, he may suffer irreparable loss and that during course of argument it was highlighted that the shop is only 300 meter away from the police station. 4. We find that such grounds are not exceptional in nature so as to issue writ of mandamus for handing over the matter to the CBCID or Special Task force, therefore, the prayer so made is refused at least at this stage. 5. In case the petitioner has any grievance in respect of fair investigation, he has alternative statutory remedy under Sections 175 (3) BNSS in the light of the judgment passed in the case of Ajay Kumar Pandey versus State of U.P. and 2 others 2021 (2) ADJ 239 6. Present petition is accordingly disposed of, however, with the observations as made above. Order Date :- 27.5.2025 Abhishek Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad