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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31686 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J.
HON'BLE AMITABH KUMAR RAI, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
2. By means of the present writ petition, the petitioner has prayed for the following reliefs:
"Issue a writ, order or direction in the nature of mandamus directing the respondent No.3 to re-examine the petitioner application dated 12.06.2024 (Annexure No.5 to the writ petition) and give the opportunity for personal hearing with taking necessary action thereon within the time to be specified by this Hon'ble Court."
3. The petitioner is only a complainant and not an aggrieved person. The settled law is that a writ petition can be maintained only by a person whose legal rights have been infringed. A stranger or a mere complainant, who is not directly affected, has no locus to challenge such an order.
4. In Jasbhai Motibhai Desai v. Roshan Kumar, Haji Bashir Ahmed & Ors., (1976) 1 SCC 671, the Hon’ble Supreme Court held that a person who is not an aggrieved party cannot maintain a writ petition unless he demonstrates infringement of a legally enforceable right. The principle has been reiterated in Ayaaubkhan Noorkhan Pathan v. State of Maharashtra & Ors., (2013) 4 SCC 465, wherein it was held that only a person who suffers a legal injury can invoke the writ jurisdiction.
5. In this regard, reference may be made to the judgment of this Court in Versus Counsel for Petitioner(s) : Mridul Chandra Tiwari, Vatsala Upadhyay Counsel for Respondent(s) : A.S.G.I., Yogendra Kumar Mohan Kashyap .....Petitioner(s) Union Of India And 4 Others .....Respondent(s)
Smt. Anita Kumari v. State of U.P. & Ors., 2021 (5) ADJ 470, wherein this Court has held that “a stranger to the proceedings, who is not affected directly or whose legal rights are not infringed, cannot maintain a writ petition merely on the basis of being a complainant.”
6. In the present case, the petitioner has no enforceable right and, therefore, cannot challenge the revisional order.
7. In view of the aforesaid legal position, the writ petition is dismissed. September 25, 2025 Karan WRIC No. 31686 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad