Dr. Ashish Kumar Dixit v. The State Of U.P. Thru. The Chief Secy
Case Details
Acts & Sections
Cited in this judgment
(3) The informant/victim after furnishing first information regarding cognizable offence does not become functus officio for seeking writ of mandamus for compelling the police authorities to perform their statutory duty under Section 154 Cr.P.C in case the FIR is not lodged. (4) The proposed accused against whom the first information of commission of cognizable offence is made, is not a necessary party to be impleaded in a petition under Article 226 of the Constitution of India seeking issuance of writ of mandamus to compel the police to perform their statutory duty under Section 154 Cr.P.C."
6. Having heard the submissions made by the petitioner and learned A.G.A. and going through the material placed on record, it appears that the petitioner having certain grievances made a representations to various authorities including Chief Minister for impartial inquiry in the matter, on which after inquiry the report was submitted by the police. The detailed report was submitted by the police disclosing therein that there are some dispute with the family of the petitioner with neighbours and the neighbours have stated that they have no dispute and in case there is any dispute they will resolve the matter amicably.
7. The petitioner was also called for putting his case but he had denied to approach and despite the repeated calls the petitioner failed to indicate any complaint made to the concerned police for lodging of an F.I.R. against any person or to the competent court of learned Magistrate under Cr.P.C./B.N.S.S. Therefore, this Court is of the view that the petition for writ of mandamus is not maintainable and no direction as prayed for can be issued merely because the petitioner is of the view that aforesaid 4 CRLP No. 10057 of 2025 enquiries on representations of petitioner are influenced by some person. Even otherwise no such direction can be issued. Thus, the petition is misconceived.
8. Dismissed. November 3, 2025 kanhaiya (Zafeer Ahmad,J.) (Rajnish Kumar,J.) KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench
(3) The informant/victim after furnishing first information regarding cognizable offence does not become functus officio for seeking writ of mandamus for compelling the police authorities to perform their statutory duty under Section 154 Cr.P.C in case the FIR is not lodged. (4) The proposed accused against whom the first information of commission of cognizable offence is made, is not a necessary party to be impleaded in a petition under Article 226 of the Constitution of India seeking issuance of writ of mandamus to compel the police to perform their statutory duty under Section 154 Cr.P.C."
6. Having heard the submissions made by the petitioner and learned A.G.A. and going through the material placed on record, it appears that the petitioner having certain grievances made a representations to various authorities including Chief Minister for impartial inquiry in the matter, on which after inquiry the report was submitted by the police. The detailed report was submitted by the police disclosing therein that there are some dispute with the family of the petitioner with neighbours and the neighbours have stated that they have no dispute and in case there is any dispute they will resolve the matter amicably.
7. The petitioner was also called for putting his case but he had denied to approach and despite the repeated calls the petitioner failed to indicate any complaint made to the concerned police for lodging of an F.I.R. against any person or to the competent court of learned Magistrate under Cr.P.C./B.N.S.S. Therefore, this Court is of the view that the petition for writ of mandamus is not maintainable and no direction as prayed for can be issued merely because the petitioner is of the view that aforesaid 4 CRLP No. 10057 of 2025 enquiries on representations of petitioner are influenced by some person. Even otherwise no such direction can be issued. Thus, the petition is misconceived.
8. Dismissed. November 3, 2025 kanhaiya (Zafeer Ahmad,J.) (Rajnish Kumar,J.) KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench