Allahabad High Court

CRLP/11780/2025 of BHAIYA RAM AND ANOTHER Vs STATE OF U.P. THRU. PRIN. SECY. HOME LKO. U.P. AND 3 OTHERS on 18 December 2025

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JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 11780 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J. 1. Heard learned counsel for the petitioners and learned A.G.A. for respondents No.1 to 3. 2. In view of the proposed order, notice to respondent

HIGH COURT OF JUDICATURE AT ALLAHABAD

LUCKNOW

CRIMINAL MISC. WRIT PETITION No. - 11780 of 2025

Court No. - 11

HON'BLE ABDUL MOIN, J.

HON'BLE MRS. BABITA RANI, J.

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1. Heard learned counsel for the petitioners and learned A.G.A. for respondents No.1 to 3.

2. In view of the proposed order, notice to respondent No. 4 is dispensed with.

3. Instant petition has been filed praying for a mandamus commanding the respondents No.1 to 3 to conduct a fair and proper investigation relating to Case Crime No.310 of 2025, under Sections 281, 125(a), 106 of B.N.S., P.S. Kotwali Dehat, District Pratapgarh.

4. Hon'ble Supreme Court in the case of Sakiri Vasu vs. State of Uttar Pradesh and others - (2008) 2 SCC 409 has held that if a person has a grievance that his FIR has not been registered or having been registered proper investigation is not being done then the remedy to the aggrieved person is not to go the High Court under Article 226 of the Constitution but to approach the concerned Magistrate under Section 156(3) of Cr.P.C. (now under relevant provisions of B.N.S.S., 2023). The same principle has been approved and reiterated by the Hon'ble Supreme Court in the case of M. Subramaniam and Another Vs. S. Janaki and Another, reported in (2020) 16 SCC 728.

5. Considering the aforesaid, the writ petition is disposed of leaving it open to the petitioners to file an appropriate application before the Versus Counsel for Petitioner(s) : Ashish Kumar Shukla, Abhay Kumar Pandey Counsel for Respondent(s) : G.A. Bhaiya Ram And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. U.P. And 3 Others .....Respondent(s)

concerned Magistrate. In case the said application is filed, the learned Magistrate shall proceed in accordance with law. December 18, 2025 S. Shivhare CRLP No. 11780 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench

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