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2025 DAILYLAW 119769 (ALL)

ANEESH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS

/868/2025 · 2025-01-31

Sangeeta Chandra, Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:6787-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 868 of 2025 Petitioner :- Aneesh Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Mahesh Kumar Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the petitioner and learned A.G.A. appearing on behalf of the State. 2. This petition has been filed with the following main prayer:- "(I) Issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the concerned opposite parties to protect the life and liberty of the petitioner from the opposite party no.-4 (i.e. police authorities), who are giving regular threat to petitioner without having any rhyme and reason, and without having complaint against the petitioner. (II) Issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the concerned opposite parties to consider and decide the representation of petitioner moved on 03-01-2025 (Annexure No.-1 of the writ petition) within stipulated period Fixed by this Hon'ble High Court." 3. Learned counsel for the petitioner has submitted that the petitioner belongs to a poor family and he is a simple person, but the Police personnel of Police Station Satrikh, Barabanki, are unnecessarily threatening and harassing the petitioner continuously. Hence this petition has been filed. 4. Learned A.G.A. has produced before this Court instructions sent by Jitendra Rai, Sub Inspector, P.S. Satrikh, Barabanki, wherein it has been stated that the petitioner is not being harassed. It is a case of a family dispute between a brother-in-law and his sister-in-law. On 03.01.2025, the petitioner had given an application to the Superintendent of Police Barabanki and also to the District Magistrate Barabanki. In pursuance of comments sought, an enquiry was held by the Police Station concerned. The petitioner and his bhabhi (Mamta w/o Late Bhailal) are at loggerheads and the allegation regarding breaking up of locks of the house of Mamta widow of Bhailal was received through an application from the alleged victim on which an enquiry was held. 5. Learned A.G.A. has additionally stated that he has received telephonic instructions that proceedings under Sections 126 and 135 of B.N.S.S. (corresponding Sections 107/116 of the Cr.P.C.) have been taken and Challani report has been prepared. 6. Instructions are kept on record. 7. The writ petition is disposed of. Order Date :- 31.1.2025 Rahul Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench