Dismissed¶24

Smt. Shakuntala Devi v. State of U.P. and 8 Others

Allahabad HC6 Oct 2025CRLP/19952/2025

Case brief

AI extract

What is this about?

Smt. Shakuntala Devi v. State of U.P. and 8 Others; Criminal Misc. Writ Petition No. 19952 of 2025; Allahabad High Court; decided October 7, 2025; Rajeev Misra, J. and Dr. Ajay Kumar-II, J.; mandamus for lodging FIR on representation dated 14.07.2025; alternative remedy objection; Superintendent of Police; application under Section 175(4) BNSS before Magistrate for direction to register FIR; writ petition dismissed as withdrawn with liberty to approach appropriate forum; Udai Prakash Deo Pandey for petitioner; A.G.A. for State; P.K. Singh and Ashok Kumar Singh for opposite party-6.

What did the court decide?

The writ petition is dismissed as withdrawn, the petitioner having sought liberty to approach the appropriate forum when confronted with the preliminary objection of alternative remedy. ¶24

Smt. Shakuntala Devi Vs State of U.P. and 8 Others — Allahabad HC (2025) — LawSathi Research

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. WRIT PETITION No. - 19952 of 2025

Smt. Shakuntala Devi

.....Petitioner(s)

Versus

State Of U.P. And 8 Others

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.....Respondent(s)

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Counsel for Petitioner(s)	: Udai Prakash Deo Pandey
Counsel for Respondent(s)	: G.A.

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Court No. - 47

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HON'BLE RAJEEV MISRA, J. HON'BLE DR. AJAY KUMAR-II, J.

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Heard Mr. U.P.D. Pandey, the learned counsel for petitioner, the learned A.G.A. for State-opposite parties 1, 2 3, 4 and 5 and Mr. P.K. Singh, Advocate along with Mr. Ashok Kumar Singh, the learned counsel representing opposite party-6.

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Petitioner-Smt. Shakuntala Devi has approached this Court by means of present criminal misc. writ petition with the following prayer;-

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"It is, therefore, most respectfully prayed that this Hon'b le Court may be pleased to:

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i. Issue a writ, order or direction in the nature of mandamus directing the respondents to take action on the representation dated 14.07.2025 filed by the petitioner before the concerned authority and to lodge a First Information Report and Investigate the same.

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ii. Issue a writ order or direction in the nature of mandamus directing the respondent no.4 to get the incident enquired.

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iii. Issue any other and further writ, order or direction as this Hon'ble Court may deem fit and proper.

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iv. Award costs of the writ petition to the petitioner."

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At the very outset, the learned A.G.A. has raised a preliminary objection by contending that in case, the grievance of the petitioner to

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CRLP No. 19952 of 2025

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register an FIR was not adhered to then the petitioner has the remedy to approach the concerned Superintendent o Police or file an application under Section 175(4) BNSS before the concerned Magistrate for direction to register an FIR.

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It is then contended by the learned A.G.A. that since petitioner has an adequate and efficacious alternative remedy, therefore, the present writ petition is misconceived and therefore, liable to be dismissed on the ground of alternative remedy.

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When confronted with above, the learned counsel for petitioner contends that he be permitted to withdraw the present writ petition with liberty to approach the appropriate forum.

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