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2025 DAILYLAW 123612 (ALL)

RAM KISHOR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

CRLP/1324/2025 · 2025-02-14

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:10029-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 1324 of 2025 Petitioner :- Ram Kishor Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Farhan Alam Osmany,Abdul Muqeet Khan,Nighat Osmany Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. Heard learned counsel for the parties and perused the record. This petition has been filed with the following main prayers :- i. Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to direct lodge the first information report against the opposite party no.4 to 9 and conduct the inquiry against the police authorities/ police persons and also lodged the FIR against the persons.” We have gone through the contents of the application made by the petitioner dated 27.11.2024 copy of which has been filed as Annexure no.1 to the petition. We have also gone through instructions sent by Incharge Inspector Police station Kachhauna, District Hardoi dated 13.02.2025 which are kept on record. It is the case of the petitioner that the opposite parties no.4 to 6 are police personnel of police station Kachhauna, District Hardoi and opposite parties no.7 to 9 are private respondents who are working in collusion with the police personnel and harassing the petitioner. From perusal of the instructions that have been sent by the police station concerned, it appears that there is a dispute relating to property which is civil in nature. There was a threat of breach of peace in the neighbourhood and therefor proceedings were initiated under sections – 126, 135, 135 (3) of BNSS and GD entry no.50 dated 23.09.2024 have been referred to in the instructions. This petition is disposed of leaving it open to the petitioner to avail appropriate legal remedy as available to him. Order Date :- 14.2.2025 mks Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench