Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 139027 (ALL)

SIRAJ AHMAD v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME AND 8 OTHERS

WRIC/4392/2025 · 2025-05-21

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:30319-DB Court No. - 2 Case :- WRIT - C No. - 4392 of 2025 Petitioner :- Siraj Ahmad Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home And 8 Others Counsel for Petitioner :- Gyaneshwar Prasad Pandey,Sameer Kalia,Srideep Chatterjee Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Mr. Ram Prakash Pandey, learned Advocate has filed vakalatnama on behalf of opposite parties no. 6 and 7 which is taken on record. 2. Heard. 3. On being confronted as to whether the police officials, if they have facilitated violation of temporary injunction passed by the Civil Court, can be impleaded as party in the proceedings under Order XXXIX Rule 2A of the Code of Civil Procedure or not, learned counsel for the petitioner fairly submitted that they can be impleaded. As regards private opposite parties no. 5, 6 and 7 herein, they are defendants in the suit, as informed by the petitioner, therefore, the remedy for the petitioner is before the Court where the temporary injunction order was passed and the suit, especially as, it is the case of the Standing Counsel that the police is not interfering in the matter and both warring parties have been challaned under the criminal law. If the Court is not available, the petitioner can file an application before the District Judge for transferring the case to some other Court. 4. The writ petition is disposed of accordingly. [Om Prakash Shukla, J.] [Rajan Roy, J.] Order Date :- 21.5.2025 Santosh/- Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench