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2025 DAILYLAW 12635 (ALL)

ASHOK ASHOK KUMAR v. STATE OF U.P. AND 10 OTHERS

CRLP/1721/2025 · 2025-02-17

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:23104-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 1721 of 2025 Petitioner :- Ashok Kumar Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Surendra Pratap Singh Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioner and learned AGA for the State. 2. The instant writ petition has been preferred for a mandamus commanding the respondent authorities to lodge the FIR against the accused person (private respondent) with Tehsil employees on the application of the petitioner in reference of the application moved by the petitioner. 3. The entire claim has been set up on the basis of order dated 01.05.2023 passed by the Writ Court in Writ-B No. 1496 of 2022 (Ashok and 4 Others v. State of U.P. and 3 Others), wherein, petitioners has prayed for a mandamus directing the respondent-authorities to measure plot No. 863 and plot No. 1551 in pursuance of the order of respondent no. 2 in accordance with the Khatauni of the petitioners.The record in question reflects that the opposite party had also instituted Civil Suit No. 1031 of 2022 (Mangpal Singh and others v. Ashok Kumar and others), wherein, the petitioner is also defendant and the injunction order is also operative in the said proceeding. In this backdrop, learned counsel for the petitioner states that the said injunction order does not relate to the plot in dispute. As such, relief as has been asked for, is pressed on the ground that the opposite parties are unnecessarily harassing the petitioner and this Court should come forward to rescue and reprieve the petitioner. 4. We have occasion to peruse the record in question. We find that no such relief can be accorded to the petitioner in the light of Lalita Kumari v. State of U.P. and others AIR 2014 Supreme Court 187. Moreover, in case the petitioner is aggrieved that his complaint is not being registered by the police authority, he always has efficacious remedy to press the application under Section 156(3) Cr.P.C. before the competent court for redressal of his grievance. 5. Consequently, the writ petition is disposed of with leave to the petitioner to avail the remedy as available in law. (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 18.2.2025 A.K.Srivastava Digitally signed by :- ARUN KUMAR SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- ARUN KUMAR SRIVASTAVA High Court of Judicature at Allahabad