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2025 DAILYLAW 76275 (ALL)

BHAVNA RANI BHAVIYA v. STATE OF U.P. AND 4 OTHERS

CRLP/15278/2025 · 2025-07-17

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

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:116435-DB Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 15278 of 2025 Petitioner :- Bhavna Rani Bhaviya Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ashish Kumar Pandey,Navin Singh Counsel for Respondent :- G.A. Hon'ble Salil Kumar Rai,J. Hon'ble Sandeep Jain,J. Heard the counsel for the petitioner. The present petition has been filed for the following relief:- "(A) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no.2 Station House Officer, Police Station- Shalimar Garden, District- Ghaziabad to take necessary action on the complaint of the petitioner dated 24.06.2025 and 01.07.2025 and investigate the matter properly and fairly and expeditiously. (B) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 directing him to arrest the respondent no.2 in pursuance of the complaint of the petitioner dated 24.06.2025 and 01.07.2025." 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 under Article 226 of the Constitution of India. The petitioner may exercise alternative remedy available to him in law. The petition is dismissed. Order Date :- 18.7.2025 P Kesari Digitally signed by :- PRACHI KESARWANI High Court of Judicature at Allahabad