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2025 DAILYLAW 13594 (ALL)

ISLAMUDDIN ANSARI v. STATE OF U.P. AND 4 OTHERS

CRLP/2277/2025 · 2025-08-06

Salil Kumar Rai, Santosh Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:133825-DB Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 2277 of 2025 Petitioner :- Islamuddin Ansari Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sitesh Kumar,Subhash Chandra Vishwakarma Counsel for Respondent :- G.A. Hon'ble Salil Kumar Rai,J. Hon'ble Santosh Rai,J. 1. The present petition has been filed praying for the following reliefs:- "I. Issue a writ, order of direction in the nature of Mandamus commanding and directing the respondents not to harass the Petitioner. II. Issue a writ, order of direction in the nature of mandamus to direct the respondent no. 2 to registered the case against the police persons who entered the house of petitioner in odd hours and has misbehaved with female members of the petitioner and have damaged the Fridge, Cooler, T.V. Screen and other electric item and has abused in vulgar language." 2. The Additional Government Advocate has produced inquiry report of the inquiry conducted by the Assistant Commissioner of Police, Soraon, Commissionerate Prayagraj in which the finding has been recorded that the petitioner could not produce any evidence to the substantiate allegation made in the writ petition regarding the conduct of the policemen. 3. The petition raises disputed question of fact which could be decided only on evidence. The petitioner has the remedy to approach the concerned Magistrate under Section 173(4) B.N.S.S., therefore, it is not a case for interference under Article 226 of the Constitution of India. 4. Writ petition is, accordingly, dismissed. Order Date :- 7.8.2025 RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad