SMT. SHAKUNTALA DEVI v. STATE OF U.P. AND 8 OTHERS
CRLP/19952/2025 · 2025-10-06
Ajay Kumar Ii, Rajeev Misra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 87315 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 87315 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 19952 of 2025 Court No. - 47 HON'BLE RAJEEV MISRA, J.
HON'BLE DR. AJAY KUMAR-II, J.
1. Heard Mr. U.P.D. Pandey, the learned counsel for petitioner, the learned A.G.A. for State-opposite parties 1, 2 3, 4 and 5 and Mr. P.K. Singh, Advocate along with Mr. Ashok Kumar Singh, the learned counsel representing opposite party-6.
2. Petitioner-Smt. Shakuntala Devi has approached this Court by means of present criminal misc. writ petition with the following prayer;-
"It is, therefore, most respectfully prayed that this Hon'b le Court may be pleased to: i. Issue a writ, order or direction in the nature of mandamus directing the respondents to take action on the representation dated 14.07.2025 filed by the petitioner before the concerned authority and to lodge a First Information Report and Investigate the same. ii. Issue a writ order or direction in the nature of mandamus directing the respondent no.4 to get the incident enquired. iii. Issue any other and further writ, order or direction as this Hon'ble Court may deem fit and proper. iv. Award costs of the writ petition to the petitioner."
3. At the very outset, the learned A.G.A. has raised a preliminary objection by contending that in case, the grievance of the petitioner to Versus Counsel for Petitioner(s) : Udai Prakash Deo Pandey Counsel for Respondent(s) : G.A. Smt. Shakuntala Devi .....Petitioner(s) State Of U.P. And 8 Others .....Respondent(s)
register an FIR was not adhered to then the petitioner has the remedy to approach the concerned Superintendent o Police or file an application under Section 175(4) BNSS before the concerned Magistrate for direction to register an FIR.
4. It is then contended by the learned A.G.A. that since petitioner has an adequate and efficacious alternative remedy, therefore, the present writ petition is misconceived and therefore, liable to be dismissed on the ground of alternative remedy.
5. When confronted with above, the learned counsel for petitioner contends that he be permitted to withdraw the present writ petition with liberty to approach the appropriate forum.
6. In view of above, this writ petition is, accordingly, dismissed as withdrawn. October 7, 2025 Vinay CRLP No. 19952 of 2025 2 (Dr. Ajay Kumar-II,J.) (Rajeev Misra,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad