Sri Raj Kumar Kushwaha vs State of Uttar Pradesh and Another — Allahabad HC (2025) — LawSathi Research

Sri Raj Kumar Kushwaha vs State of Uttar Pradesh and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty granted to the petitioner to move a fresh application before the Union Bank of India along with the instructions received from the State and the post mortem report; the Bank was requested to consider the claim in the light of the Court's order while taking an independent decision without being influenced by the observations therein (paras 17-18).

Issue for consideration

Whether the petitioner is entitled to be furnished copies of the Magistrate final order and the final report, which Union Bank of India requires in order to release the Pradhan Mantri Suraksha Bima Yojana amount for the death of her daughter in the railway accident. +1 more

Court's answer

Since the demanded documents cannot be supplied, the petition was disposed of with liberty to the petitioner to move a fresh application before the Bank along with the instructions received from the State and the post mortem report, and the Bank was requested to consider the same in the light of the order passed that day.

Ratio / Principle

The documents claimed by the Bank do not exist: no FIR was ever registered because there was no crime or offence related to the incident; consequently no final report under section 173(3) Cr.P.C. exists before the Magistrate, and the report of closure of the Magistrate also does not exist.

Key takeaways

The nature of the post mortem injuries (amputations) is prima facie consistent with a railway accident.obiter¶12

Detailed headnote1 paragraphs

Allahabad High Court, Court No. 35 (Atul Sreedharan, J.; Anish Kumar Gupta, J.), WRIT - C No. - 40053 of 2025, decided December 2, 2025: Sri Raj Kumar Kushwaha v. State Of Uttar Pradesh And Another. The petitioner, mother of a woman who died on 15.3.2021 after colliding with Railway Tower Wagon 17880 at Platform No. 1, Railway Station Kasganj, sought a mandamus for copies of the Magistrate final order and the final report, which Union Bank of India demanded to release the deceased's Pradhan Mantri Suraksha Bima Yojana claim. Relying on the State's instructions, the Court held that the demanded documents simply do not exist: only a GD entry (Rojnamcha) dated 15.3.2021 was recorded by the GRP, and since no crime or offence arose from the incident no FIR was registered; hence no final report under section 173(3) Cr.P.C. and no Magistrate closure report exist. The Court observed that the post mortem injuries (amputations) were prima facie consistent with a railway accident. The petition was disposed of with liberty to the petitioner to file a fresh claim application before the Bank enclosing the State's instructions and the post mortem report, the Bank being requested to consider it in light of the Court's order while taking an independent, uninfluenced decision.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 40053 of 2025

Sri Raj Kumar Kushwaha

.....Petitioner(s)

Versus

State Of Uttar Pradesh And Another

Counsel for Petitioner(s)	: Arjun Singh Solanki .....Respondent(s)
Counsel for Respondent(s)	: C.S.C.

Court No. - 35

HON'BLE ATUL SREEDHARAN, J. HON'BLE ANISH KUMAR GUPTA, J.

The present petition has been filed by the petitioner seeking a direction in the nature of mandamus to the respondents to provide copy of Magistrate final order as well as the copy of the final report to the petitioner within a stipulated time.

The petitioner is the mother of deceased who is alleged to have died in a railway accident. Learned counsel for the petitioner submits that the petitioner is entitled to the benefit under the Pradhan Mantri Suraksha Bima Yojana. However, the Union Bank of India is not releasing the amount due to paucity of the aforementioned documents.

Learned counsel for the State has placed before this Court the instructions of the State. In paragraph 2 of the instructions it is given that the deceased on 15.3.2021 was on Platform No. 1 at the Railway Station Kasganj and she collided with the Railway Tower Wagon 17880 on account of which she died on the railway tack. The said information was received by the Police Station GRP Kasganj and entered in Rojnamcha (GD entry) dated 15.3.2021 at Column No. 20 and recorded the time as 14.39 hours. The inquest and post mortem were carried out. The post mortem report reveals several injuries which are right arm amputated from the above the right elbow, there is amputation injuries of about 3 cm. above the umbilicus and there is a abrasion of the size 3 cm over front of the leg and abrasion size of 3" over the front of the left leg. The nature of injuries prima-facie are consistent with railway accident as there is

WRIC No. 40053 of 2025

2

amputation of the body.

As regards the documents, that has been claimed by the Bank, they simply do not exist because an FIR was never registered in this Case. Only a GD entry was made by the GRP giving the details of the incident. There was no crime or offence related to the incident, therefore, the FIR was never registered. As an FIR was never registered the question of final report under section 173(3) Cr.P.C. does not exist before the Magistrate and therefore report of closure of the Magistrate also does not exist.

Under the circumstances this petition is disposed of with a liberty given to the petitioner to move fresh application before the Bank alongwith the instructions received from the State and the post mortem report and the Bank is requested to consider the same in the light of the order passed today independently.

However, though the Bank may peruse the order of this Court, it is to take an independent decision without being influenced by the observation there.

(Anish Kumar Gupta,J.) (Atul Sreedharan,J.)

December 2, 2025 o.k.

Digitally signed by :- OM KRISHNA CHOUDHARY High Court of Judicature at Allahabad