Allahabad High Court
CRLP/11803/2025 of GANGA PRASAD @ GAYA PRASAD Vs STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. GOVT. LKO. AND OTHERS on 17 December 2025
JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 11803 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J. 1. Heard, learned counsel for the petitioner, learned AGA for respondents no.1 to 3. 2. In view of the proposed order notice to respondents no.4 to
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
CRIMINAL MISC. WRIT PETITION No. - 11803 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 petitioner, learned AGA for respondents no.1 to 3.
2. In view of the proposed order notice to respondents no.4 to 14 is dispensed with.
3. Instant petition has been filed praying for a mandamus commanding the respondents to conduct the fair, proper and expeditious investigation of the FIR No.0427 of 2023 under Sections 191 (2), 191 (3), 115 (2), 352, 351 (3), 109 (1), 110, 324 (4), 309 (4), 64 (1) of B.N.S, 2023 Police Station Gudamba, District Lucknow.
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. 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 petitioner to file an appropriate application before the Versus Counsel for Petitioner(s) : Vineet Kumar Chaurasia Counsel for Respondent(s) : G.A. Ganga Prasad @ Gaya Prasad .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Lko. And Others .....Respondent(s)
concerned Magistrate. In case the said application is filed the learned Magistrate shall proceed in accordance with law.
December 17, 2025 Pachhere/- CRLP No. 11803 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench