Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 19793 of 2025 Court No. - 45 HON'BLE RAJIV GUPTA, J.
HON'BLE DEVENDRA SINGH-I, J.
1. Heard Shri Somesh Khare assisted by Shri Ram Naresh Shukla, learned counsel for the petitioner, Shri V.P. Srivastava, learned Senior Advocate assisted by Shri Birendra Singh, learned counsel for the respondent no. 5 as well as learned A.G.A. for the State and perused the record. 2. This writ petition has been filed for the following relief :
"(a) Issue a suitable writ, order or direction issued in the nature of mandamus commanding the Station House Officer, Police Station Kotwali, District Banda (respondent no. 3) to register a First Information Report against Opposite Party Nos. 4 and 5 within a period to be specified by this Hon'ble Court. (b) Issue suitable order or direction directing the Chief Judicial Magistrate, Banda to issue process/summons to respondent No.5 within a period to be specified by this Hon'ble Court. (c) any other suitable writ, order or direction which the Hon'ble Court deems fit and proper in the ends of justice and in the circumstances of the case may very kindly be issued in favour of the petitioner and against the respondents, in addition to or substitution for the reliefs claimed. (d) Cost of the writ petition be awarded to the petition."
3. Learned counsel for the petitioner submitted that the petitioner has filed an application dated 24.07.2025 under Section 175(3) B.N.S.S. with the prayer that on the basis of the allegations made therein a first information Versus Counsel for Petitioner(s) : Ram Naresh Shukla, Somesh Khare Counsel for Respondent(s) : Birendra Singh, G.A. Sunil Singh .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s)
report be registered against the respondent nos. 4 and 5. The said application is still pending disposal and it be directed to be decided expeditiously. 4. Learned Senior Counsel for the respondent no. 5 has very fairly submitted that he has no objection in early disposal of the aforesaid application. 5. In view thereof, it is directed that C.J.M., Banda shall decide the aforesaid application dated 24.07.2025 as expeditiously as possible in light of the decision of the Hon'ble Apex Court reported in 2025 SCC OnLine SC 238 (Om Prakash Ambadkar Vs. State of Maharashtra and others). 6. With the aforesaid observation, the writ petition stands disposed of.
October 9, 2025 SA CRLP No. 19793 of 2025 2 (Devendra Singh-I,J.) (Rajiv Gupta,J.) Digitally signed by :- SALMAN ALI High Court of Judicature at Allahabad