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2025 DAILYLAW 74945 (ALL)

GARIB v. STATE OF U.P. AND 10 OTHERS

CRLP/15058/2025 · 2025-07-15

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

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:114716-DB Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 15058 of 2025 Petitioner :- Garib Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Krishna Mani 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 to the particularly respondent no. 2 & 3 to take needful action on the application dated 12-04-2025 and 15-04-2025 in light of Under Section 173 B.N.S.S., 2023 which are pending before them very expeditiously forthwith." The petitioner has the remedy to file appropriate application under Section 173(4) 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 :- 16.7.2025 Vipasha Digitally signed by :- VIPASHA MUKHERJEE High Court of Judicature at Allahabad Digitally signed by :- VIPASHA MUKHERJEE High Court of Judicature at Allahabad