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2025 DAILYLAW 115499 (ALL)

SONPAL v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. AND 4 OTHERS

/227/2025 · 2025-01-13

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:2215-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 227 of 2025 Petitioner :- Sonpal Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. And 4 Others Counsel for Petitioner :- Ramesh Chandra Gupta Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State. 2. This petition has been filed with the following relief(s): "i) Issue a writ, order or direction in the nature of Mandamus commanding to opposite parties to specially opposite party no. 2 and 3 to lodge the First Information Report against the opposite party No.4 and 5." 3. It is a case of the petitioner that he is a Fair Price Shop licensee of District Lakhimpur Kheri and honestly distributes the essential commodities to the Card holders concerned. The opposite party Nos. 4 and 5 have threatened the petitioner and sought illegal gratification. The petitioner made a complaint before the Superintendent of Police, Lakhimpur Kheri on 16.08.2024, but no action has been taken by the police against opposite party Nos. 4 and 5. 4. Learned A.G.A. for the State has produced the instructions sent by the Sub-Inspector of Police Station Uchaulia, District Lakhimpur Kheri dated 12.01.2025, wherein it has been stated that the petitioner has filed this petition only to create pressure upon the police. The real facts are that the petitioner had taken money i.e. Rs. 92,000/- from the opposite party No.4 in 2021- 22. The petitioner had also taken money i.e. Rs.59,000/- from the opposite party No.5 in February, 2019 and after calculating interest total amount comes to Rs. 88,000/- and the petitioner had returned Rs. 10000/- to opposite party No.5 but Rs. 78,000/- he has not paid. Total amount of Rs. 1,70,000/- were due to these two persons and they approached the Gram Pradhan and other villagers and a Panchayat took place on 07.08.2024, where the petitioner promised to return the money, which he had taken from the opposite party Nos. 4 and 5 latest by 30.11.2024. The petitioner also gave a written application in this regard. Copy of which has been annexed to the said instructions. 5. The petitioner reside from his promise and the opposite party Nos.4 and 5 have given written application in this regard to the Police Station concerned. 6. Having gone through the instructions, which we take on record, we find it unnecessary to interfere in the writ petition and grant the prayer as made by the counsel for the petitioner. 7. The writ petition stands dismissed. 8. We leave it open for the petitioner to seek appropriate remedy as is available to him in accordance with law. Order Date :- 13.1.2025 Arvind Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench