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2025 DAILYLAW 139400 (ALL)

MOHAMMAD MUMTAZ v. STATE OF U.P. THRU. SECY. HOME LKO. AND 4 OTHERS

/11245/2024 · 2025-01-09

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:1941-DB Court No. - 2 Case :- WRIT - C No. - 11245 of 2024 Petitioner :- Mohammad Mumtaz Respondent :- State Of U.P. Thru. Secy. Home Lko. And 4 Others Counsel for Petitioner :- Ramesh Kumar Srivastava Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Brij Raj Singh,J. Considering the nature of order proposed to be passed, issuance of notice to private opposite party is dispensed with. Heard. The petitioner alleges interference by the opposite parties no. 3 & 4 in his peaceful possession over certain lands in connivance with opposite party no. 5. Learned Standing Counsel appearing for the State has instructions from the S.H.O., P.S.- Thakurganj, Lucknow to inform the Court that proceedings under Section 126 / 135 of Bharatiya Nagarik Suraksha Sanhita, 2023 have been drawn, as there is a dispute between the petitioner and the private opposite party, and that the Police is not interfering in the civil dispute between the parties. In view of the aforesaid, we dispose of this petition with the observation / direction that the Police shall not interfere in the private / civil dispute between private parties, except in the eventuality, a crime is committed or is apprehended of being committed or there are other valid grounds in any statute or law for their interference. If the petitioner has any further grievance, he can approach the Deputy Commissioner of Police concerned raising his grievance who can get the matter enquired, and if he finds that there is unnecessary interference, he shall do the needful, otherwise, the matter shall rest as it is with further liberty to the petitioner to pursue other remedies. Order Date :- 9.1.2025/Lokesh Kumar [Brij Raj Singh, J.] [Rajan Roy, J.] Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench