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2025 DAILYLAW 118938 (ALL)

PRAMOD KUMAR AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND OTHERS

CRLP/558/2025 · 2025-01-22

Om Prakash Shukla, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:4231-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 558 of 2025 Petitioner :- Pramod Kumar And Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Ashish Kumar Gupta Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Om Prakash Shukla,J. Heard learned counsel for the petitioners and learned A.G.A. for the State opposite parties. This writ petition has been filed seeking following main relief:- "i. Issue a writ, order or direction in the nature of Mandamus commanding the respondents to ensure safety of the Petitioners and Right to personal life and liberty of the Petitioners guaranteed under Article 21 and 22 of the Constitution of India, is not violated in the interest of justice." It is the case of the petitioners, who are eight in numbers, that they used to work for a private limited company, namely, The Loni Urban Multi State Credit and Thrift Co-operative Society Ltd. hereinafter referred as "LUCC". The LUCC had opened ATM services in the year 2018 and Suvidha Kendra also. The petitioners being only employees had themselves invested in LUCC schemes and have lost their money and the company had shut shop and its Directors/Promoters have run away. Now the police are visiting the petitioners' residence time and again and pressurizing them to tell whereabouts of the company's Directors/Promoters and to ensure that such Promoters surrender or otherwise to face dire consequences. This Court had put specific query to the petitioners whether any F.I.R. has been lodged against them. Learned counsel for the petitioners has stated that no F.I.R. has been lodged against the petitioners. Learned A.G.A. for the State says that it is not evident from the pleadings in the writ petition that the petitioners are being harassed by the police on the basis of any F.I.R. In case, the petitioners are being harassed by the police personnel without any F.I.R. being lodged against them, the petitioners have remedy of filing application under Section 156(3) Cr.P.C. (corresponding Section 175 (3) of B.N.S.S., 2023) before the Magistrate concerned against police officials by name. This writ petition has been filed on mere apprehension and writ jurisdiction cannot exercise only on mere apprehension. The writ petition stands disposed of. (Om Prakash Shukla,J.) (Sangeeta Chandra,J.) Order Date :- 22.1.2025 Saurabh Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench