Smt. Gayatri Srivastava v. State of U.P. Thru. Secy. Home Deptt. U.P. Lko. and Others
Case brief
What is this about?
Allahabad High Court (Lucknow Bench), Criminal Misc. Writ Petition 863 of 2026, Gayatri Srivastava v. State of U.P. (Home Deptt.) — writ petition dismissed on maintainability/alternative remedy ground. Prayers: mandamus for FIR lodging in proper sections, fair investigation, arrest of accused, eviction of opposite party no. 4 from petitioner's house, protection of peaceful possession. Alternative remedy invoked: recourse before concerned Magistrate under BNSS, 2023. Precedential reliance: Waseem Haider v. State of U.P., (2021) 2 ADJ 86 (Division Bench). Judges: Rajnish Kumar, J. and Zafeer Ahmad, J. Decision date: February 2, 2026.
What did the court decide?
Accepting the learned AGA's preliminary objection, which was not disputed by petitioner's counsel, this Court held that the petitioner has an alternative remedy before the concerned Magistrate under the BNSS, 2023, in view of the Division Bench judgment of this Court in Waseem Haider Vs. State of U.P., (2021) 2 ADJ 86, and accordingly dismissed the writ petition on the ground of availability of alternative remedy.