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2025 DAILYLAW 69624 (ALL)

SONU MALIK v. State of UP AND 8 OTHERS

WRIC/28894/2024 · 2025-01-22

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Court No. - 29 Case :- WRIT - C No. - 28894 of 2024 Petitioner :- Sonu Malik Respondent :- State Of Up And 8 Others Counsel for Petitioner :- In Person,Sonu Malik Counsel for Respondent :- C.S.C.,Dhirendra Kumar,In Person Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Heard learned counsel for the parties. The petitioner alleges various acts of offence to have been committed by the private respondents. If that be so, remedy of the petitioner would be to approach the concerned Magistrate under Section 175 (3) BNSS. Learned counsel for the private-respondents has placed before this Court an order passed by Additional Chief Judicial Magistrate, Prayagraj, according to which application of the petitioner under Section 156(3) Cr.P.C. was initially dismissed in default. The application filed by the petitioner under Section 173 (4) BNSS has also been rejected. Once that be so, remedy of the petitioner would be to challenge such order in appropriate proceedings. The writ petition would not lie for registration for the first information report. Leaving it open to the petitioner to pursue the appropriate remedy, the instant writ petition is consigned to the records. Order Date :- 22.1.2025 rkg Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad