Allahabad High Court · 2025-03-05
CRIMINAL MISC. WRIT PETITION No. 4238 of 2025 at Allahabad
- Citation / case number
- CRIMINAL MISC. WRIT PETITION No. 4238 of 2025 at Allahabad
- Court
- Allahabad High Court
- Petitioner
- CRIMINAL MISC. WRIT PETITION No. 4238 of 2025 at Allahabad
- Respondent
- Unknown
Judgment text excerpt
Neutral Citation No. - 2025:AHC:31956-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 4238 of 2025 Petitioner :- Brahampal Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pradeep Kumar Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the respondents. 2. In pith and substance, grievance of the petitioner is that the respondent no.3 may be directed to lodge an F.I.R. against the respondent nos.4 and 5 in appropriate sections and take necessary actions against them. The relief is pressed in the light of the judgment passed by Hon'ble Apex Court in Lalita Kumari Vs. Govt. of Uttar Pradesh (2024) 2 SCC 1. 3.Per contra, learned A.G.A. raised an objection regarding maintainability of the writ petition, asserting that Cr.P.C./B.N.S.S. is a self-contained Act. It was further argued that no evidence has been presented to show that the F.I.R. has not been registered at the police station. If the F.I.R. has not been lodged, the petitioner may file an application before the Superintendent of Police. Additionally, the petitioner has an equally efficacious