Dismissed¶13

Yashoda Nand Pandey v. State of U.P. Thru. Prin. Secy. Ministry of Home Lko. and Others

Allahabad HC21 Jul 2025CRLP/6385/2025

Case brief

AI extract

What is this about?

Mandamus for compliance of Magistrate's 27.07.2022 order on Section 156(3) Cr.P.C. application (Misc. Case No. 471 of 2022) refused; FIR Case Crime No. 31 of 2019 under Sections 504, 506, 427 IPC already registered at P.S. Katka and P.S. Jaitpur, Ambedkar Nagar; final reports dated 17.04.2019 and 23.09.2019 submitted and accepted; writ petition dismissed by Division Bench (Sangeeta Chandra and Subhash Vidyarthi, JJ.), Allahabad High Court, Lucknow Bench, 21.7.2025.

What did the court decide?

Taking the State's instructions on record, the Division Bench held that there was no good ground to interfere in the present case, and accordingly dismissed the writ petition seeking mandamus for compliance of the Magistrate's order dated 27.07.2022. ¶12

Yashoda Nand Pandey Vs State of U.P. Thru. Prin. Secy. Ministry of Home Lko. and Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether a writ of mandamus should be issued directing compliance of the order dated 27.7.2022 passed by the Chief Judicial Magistrate, Ambedkar Nagar in Misc. Case No. 471 of 2022 upon the petitioner's application under Section 156(3) Cr.P.C., including lodging of an FIR against opposite party Nos. 4 to 10 and a fair and impartial investigation. +1 more

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Court's answer

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Ratio / Principle

As recorded in the police instructions accepted on record, a Case Crime No. 31 of 2019 had already been registered against Anand Kumar, Sursati Devi and Gudiya with a final report prepared on 17.04.2019 (and accepted by the concerned Magistrate), while a parallel FIR of the same crime number existed at Police Station Jaitpur with a final report of 23.09.2019; the Katka police report of non-registration explained the confusion forming the basis of the petition.

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Detailed headnote1 paragraphs

Criminal Misc. Writ Petition (Allahabad High Court, Lucknow Bench, 21.7.2025) - Petitioner sought mandamus commanding compliance of the order dated 27.7.2022 of the Chief Judicial Magistrate, Ambedkar Nagar in Misc. Case No. 471 of 2022 passed on his application under Section 156(3) Cr.P.C., including registration of an FIR against opposite party Nos. 4 to 10 under appropriate sections of the Bhartiya Nyay Sanhita 2023 and fair investigation. Learned AGA produced instructions of the Sub-Inspector, P.S. Katka showing that in compliance a Case Crime No. 31 of 2019 (incident of 13.06.2018) was registered against Anand Kumar, Sursati Devi and Gudiya with a final report dated 17.04.2019 accepted by the Magistrate, and that an identical-numbered FIR under Section 504, 506, 427 IPC at P.S. Jaitpur had ended in a final report dated 23.09.2019; the Katka police report of non-registration caused the confusion. Held: taking instructions on record, no good ground to interfere; petition dismissed.

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Neutral Citation No. - 2025:AHC-LKO:41551-DB

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 6385 of 2025 Petitioner :- Yashoda Nand Pandey Respondent :- State Of U.P. Thru. Prin. Secy. Ministry Of Home Lko. And Others Counsel for Petitioner :- Ram Singh Counsel for Respondent :- G.A.

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Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Subhash Vidyarthi,J.

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Heard the learned counsel for the petitioner and the learned A.G.A. for the State.

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Present petition has been filed with the following prayer:-

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"(i) issue a writ, order or direction in the nature of Mandamus commanding the opposite party No. 2 to direct the opposite party No. 2 & 3 to ensure the compliance of the order dated 27.7.2022 passed by the Chief Judicial Magistrate, Ambedkar Nagar in Misc. Case No. 471 of 2022 "Yashoda Nand Pandey Versus Anand Shukla & others" upon the application 156(3) Cr.P.C. moved by the petitioner and lodge the first information report against the opposite party No. 4 to 10 in appropriate sections of Bhartiya Nyay Sanhita 2023 and investigate the matter in fair and impartial manner."

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It has been submitted by the learned counsel for the petitioner that the petitioner had approached the Chief Judicial Magistrate, Ambedkar Nagar in an Application under Section 156(3) Cr.P.C. and an order was passed by the Magistrate on 27.07.2022 to register an FIR and investigate but till date, the order has not been complied with.

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Learned AGA has produced before this Court the instructions sent by the Sri Awadesh Kumar Srivastava,Sub-Inspector of Police, Police Station- Katka, District- Ambedkar Nagar, which are taken on record, wherein it has been stated that in compliance of the aforesaid order passed by the Magistrate concerned a Case Crime No.31 of 2019 under Sections 504, 506 42 of IPC was registered against Anand Kumar, Sursati Devi, Gudiya and a final report was prepared on 17.04.2019. The

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concerned Magistrate has accepted the final report. The alleged incident has occurred on 13.06.2018.

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It has also come out from the perusal of the said instructions that a complaint was made initially and an FIR was lodged bearing Case Crime No.31 of 2019 under Section 504, 506, 427 of IPC at Police Station- Jaitpur and a final report was submitted on 23.09.2019 before the court concerned. Thereafter, an application under Section 156(3) Cr.P.C. was filed in which the Chief Judicial Magistrate, Ambedkar Nagar called for a report from Police Station- Katka which informed the Magistrate that no FIR has been registered in Police StationKatka. Hence, this confusion.

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We take the instructions on record. We do not find any good ground to interfere in the present case.

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Accordingly, the petition is hereby dismissed ..

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(Subhash Vidyarthi,J.) (Sangeeta Chandra,J.) Order Date :- 21.7.2025

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-Amit K-

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Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Yashoda Nand Pandey v. State of U.P. Thru. Prin. Secy. Ministry of Home Lko. and Others

Case brief

What is this about?

What did the court decide?

Yashoda Nand Pandey v. State of U.P. Thru. Prin. Secy. Ministry of Home Lko. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

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