Sumant Kumar Chaturvedi vs State of U.P. and 4 Others — Allahabad HC (2025) — LawSathi Research

Sumant Kumar Chaturvedi vs State of U.P. and 4 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether a mandamus should issue directing the Commissioner of Police, Agra (respondent no. 2) to investigate the allegations against respondent nos. 4 and 5 on the petitioner's complaint dated 31.08.2024 and to take appropriate legal action, including registration of an FIR under the Indian Penal Code or Bhartiya Nyay Sanghita. +2 more

Ratio / Principle

The Court held that since an efficacious remedy (revision against the order dated 15.01.2025 of the Chief Judicial Magistrate, Agra rejecting the petitioner's Section 173(4) BNS, 2023 application) was available, it was not inclined to keep the writ petition pending consideration for an indefinite period.

Key takeaways

Accordingly, the writ petition was dismissed and the directions sought in the prayer (investigation on the 31.08.2024 complaint and enquiry into the heirship/family membership certificates) were not granted.ratio¶13

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Division Bench: Hon'ble Mahesh Chandra Tripathi and Hon'ble Prashant Kumar, JJ.), Criminal Misc. Writ Petition No. 336 of 2025, decided 20.2.2025 (Neutral Citation 2025:AHC:24657-DB): The petitioner, Sumant Kumar Chaturvedi, sought mandamus directing the Commissioner of Police, Agra and the District Magistrate, Agra to act on his complaint dated 31.08.2024 against respondent nos. 4 and 5, including registration of an FIR under relevant sections of the Indian Penal Code or Bhartiya Nyay Sanghita, and to verify and investigate allegedly fraudulent heirship and family membership certificates obtained by respondent no. 4. The learned AGA informed the Court that the petitioner's application under Section 173(4) of BNS, 2023 had been rejected vide order dated 15.01.2025 of the Chief Judicial Magistrate, Agra, and that an efficacious remedy of revision was available against that order. Holding that an efficacious remedy was available, the Court was not inclined to keep the writ petition pending for an indefinite period and dismissed it. Counsel: Balbeer Singh for the petitioner; C.S.C. and G.A. for the respondents.

Neutral Citation No. - 2025:AHC:24657-DB

Court No. - 42

Case :- CRIMINAL MISC. WRIT PETITION No. - 336 of 2025

Petitioner :- Sumant Kumar Chaturvedi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Balbeer Singh Counsel for Respondent :- C.S.C.,G.A.

Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

Heard learned counsel for the petitioner and learned AGA for the State respondents.

The instant writ petition is preferred praying for the following relief:

"(i) to issue a writ, order rule or direction in the nature of Mandamus and may kindly be please to direct the Commissioner of Police, Agra (respondent no. 2), to initiate a thorough investigation into the allegations against respondent nos. 4 and 5, as outlined in the complaint submitted by the petitioner on 31.08.2024, and to take all appropriate legal actions, including the registration of an first information report under relevant sections of the Indian Penal Code or Bhartiya Nyay Sanghita.

(ii) to issue a writ, order rule or direction in the nature of Mandamus and may kindly be please to direct the respondent no. 3 (District Magistrate, Agra) to verify and investigate the fraudulent heirship and family membership certificates obtained by respondent No. 4, and to take necessary legal action against him regarding any illegally acquired assets or funds that belong to the state, So the justice be done.

(iii) to issue a writ of mandamus or any other appropriate writ, order, or direction, as may be deemed fit, to the Commissioner of Police, Agra, and District Magistrate, Agra, to take appropriate and prompt action on the petitioner's complaint dated 31.08.2024, accordance with So the justice be done."

Learned AGA states that even though the petitioner has already moved an application under Section 173(4) of BNS, 2023, which was rejected vide order dated 15.01.2025, passed by the Chief Judicial Magistrate, Agra, and although the petitioner has an efficacious remedy of revision against the said order, instead of disclosing the said fact or instituting the revision, the instant writ petition has been preferred for a direction to entertain the aforesaid complaint.

The aforesaid relief is also opposed by learned counsel for the informant on the ground that the petitioner was working as a legal assistant in the firm operated by respondent no. 4.

Considering the relief sought and the objections raised by learned AGA-I and learned counsel for the informant, we find that since an efficacious remedy is available to the petitioner, we are not inclined to keep the writ petition pending consideration for an indefinite period. Accordingly, the writ petition is dismissed .

Order Date :- 20.2.2025 NLY

Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad