FAREED AHMAD v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
CRLP/1650/2025 · 2025-02-28
Brij Raj Singh, Vivek Chaudhary
body2025
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[ 2025 DAILYLAW 125205 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 125205 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:12161-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 1650 of 2025 Petitioner :- Fareed Ahmad Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Avneesh Singh Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for the petitioner and learned A.G.A. for the State and perused the material available on record.
2. The petition seeks issuance of a writ, order or direction in the nature of Mandamus commanding the opposite parties specially police authorities to take an appropriate decision on the application dated 17.02.2025 moved by the petitioner and to direct the opposite party no.2 and 3 to consider and decide the application dated 17.02.2025.
3. Learned counsel for the petitioner submits that sole grievance of the petitioner is that though he is having a stay order from the civil court but the police authorities are acting in violation of the same. He further submits that the police authorities are bound to ensure compliance of the said order. Counsel for the petitioner further states that it is the civil court which has appropriate jurisdiction in such matters to issue appropriate directions and there is no provision of moving any application under the B.N.S., 2023 or any other provision.
4. Learned A.G.A. opposing the submissions made by counsel for the petitioner.
5. We have heard learned counsel for the parties and perused the record. We find that grievance raised by the petitioner can be appropriately redressed by the civil court concerned on an appropriate application made by the petitioner. It goes without saying that civil court has sufficient power to direct the police or administrative authorities for compliance of its orders. Police and administrative authorities are duty bound to ensure compliance of the order of civil court.
6. Hence, the present writ petition stands disposed of with
liberty to the petitioner that he may move appropriate application before the civil court concerned, which shall be
disposed of expeditiously in accordance with law. (Brij Raj Singh, J.) (Vivek Chaudhary, J.)
Order Date :- 28.2.2025 Praveen Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench