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2025 DAILYLAW 120314 (ALL)

LAKSHMAN YADAV @ LAKSHMAN SINGH YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND OTHERS

CRLP/811/2025 · 2025-01-29

Ajai Kumar Srivastava I, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:6100-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 811 of 2025 Petitioner :- Lakshman Yadav @ Lakshman Singh Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Rajesh Yadav 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., who appears for the State. 2. This writ petition has been filed with the following relief(s): "Issue a writ order or direction in the nature of mandamus thereby commanding and directing to State Opposite Parties to take appropriate legal action as per the law against the respondent no.5 and 6 by deciding the application dated 13.01.2025 of the petitioner, contained in Annexure No.3 to this petition, pending before them, in the interest of justice.". 3. It is submitted by the learned counsel for the petitioners that the opposite party Nos. 5 and 6 have tried to illegally take over the land of the petitioner, which is the only source of income for the petitioner and his family members, therefore, an application was made on 13.01.2025 to the higher authorities to take appropriate action against them, however, no action has been taken against opposite party Nos. 5 and 6, therefore, this writ petition has been filed with the aforesaid prayers. 4. Learned A.G.A. on the basis of the instructions sent by Dhananjai Kumar Singh, Sub-Inspector, Police Station Chinhat, Lucknow says that N.C.R. No. 04/25 under Sections 115(2)/352 B.N.S. has been registered on the basis of application moved on 05.01.2025 and the inquiry is still going on, it appears to be a dispute relating to land. 5. Having gone through the papers on record, we find that the respondent had also made an application under Section 175 (3) of the B.N.S.S. on 02.07.2024 and the Special Judge, S.C./S.T. Act, Lucknow in Criminal Misc. Case No. 1195/2024: Rahul Gautam Vs. Dharmendra Yadav and others has passed an order dated 08.10.2024 rejecting such application. The said Rahul Gautam is the driver of the main accused the Virendra Yadav, opposite party No.5, against whom allegations have been made in this petition. 6. This writ petition is disposed of, leaving it open to the petitioner to approach the court concerned for permission to register and investigation. Order Date :- 29.1.2025 Arvind Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench