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2025 DAILYLAW 7849 (UTT)

SURESH BHARDWAJ v. STATE OF UTTARAKHAND

WPCRL/623/2025 · 2025-07-15

Pankaj Purohit

body2025

Judgment text

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2025:UHC:6115 SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS WPCRL No.623 of 2025 Hon’ble Pankaj Purohit, J. Mr. B.S. Koranga, learned counsel holding brief of Mr. Vikas Kumar Guglani, learned counsel for the petitioner. 2. Mr. Bhaskar Chandra Joshi, learned A.G.A. for the State of Uttarakhand/ respondent Nos.1 to 3. 3. By means of the present writ petition, the petitioner has sought the indulgence of this Court in the nature of Mandamus for directing the respondent No.2 to decide the application given by the petitioner by passing reasoned and speaking order. 4. In substance from the prayer, it is reflected that the present writ petition has been filed by the petitioner for lodging of the First Information Report. This cannot be done by this Court. The legal recourse available to the petitioner, if despite making the application to the SSP, the FIR is not lodged, then the petitioner has got remedy to move an application before the learned Magistrate of the area having jurisdiction requesting for a direction to the police authorities to lodge the First Information Report, under Section 175(3) of the BNSS 2023. 5. From perusal of the record, it transpires that the petitioner straightway came to this Court without availing the aforesaid remedy available to him. 2025:UHC:6115 Therefore, this Court declines to exercise its extraordinary jurisdiction under Article 226 of the Constitution of India, as the complete procedure has been prescribed for the petitioner. 6. Accordingly, the present writ petition is dismissed in-limine. 7. Pending application, if any, stands disposed of. (Pankaj Purohit, J.) 15.07.2025 PN PREETI NEGI Digitally signed by PREETI NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=63c75a8c4765581180a58d7478fadbe38331b ac55c78b5f9f0276c16432f6aab, postalCode=263001, st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCCAE81FAE064 498483A83D84BDB0F9229D5BF08D959AC, cn=PREETI NEGI Date: 2025.07.15 16:09:52 +05'30'