NIJAM HUSSAIN v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO AND OTHERS
CRLP/4888/2025 · 2025-06-09
S Q H Rizvi, Saurabh Lavania
body2025
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[ 2025 DAILYLAW 144073 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 144073 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:35012-DB Court No. - 2 Case :- CRIMINAL MISC. WRIT PETITION No. - 4888 of 2025 Petitioner :- Nijam Hussain Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And Others Counsel for Petitioner :- Shailendra Pathak,Km. Anjali Gautam,Sheo Mani Tripathi Counsel for Respondent :- G.A. Hon'ble Saurabh Lavania,J. Hon'ble Syed Qamar Hasan Rizvi,J. Heard learned counsel for the parties. The instant petition has been preferred seeking following main relief(s):-
"(i) issue a writ, order or direction in the nature of Mandamus directing the opposite parties 1 to 3 to take appropriate action in accordance with the law and further be pleased to direct the opposite party No.3 to register the case (FIR) and investigate the matter against the opposite party No. 4 to 8 upon the written tehrir of the petitioner, as contained in Annexure No.1 to this writ petition. (ii) issue a writ, order or direction in the nature of Mandamus directing the opposite parties particularly opposite party no.2 (Superintendent of Police, Shrawasti) to take appropriate action upon the application dated 17.5.2025 made by the petitioner before him as contained in Annexure No.1 to this writ petition and also ensure the recovery of the victim Kamrul Nisha along with ornaments and cash." Copy of instructions placed before this Court today by Sri Dinesh Kumar Rana, learned AGA is taken on record. Took note of the instructions aforesaid, as per which, detenue/Kamrul Nisha (wife of petitioner) is living with respondent No. 4/Altaf s/o Anees on her own volition. On being pointed out the aforesaid, learned counsel for the petitioner says that the instant petition may be consigned to record with liberty to the petitioner to avail/pursue other remedy as available under the law. In view of above, the instant petition is consigned to record with liberty to the petitioner to avail/pursue other remedies including under Section 101 Bharatiya Nagarik Suraksha Sanhita, 2023 before appropriate Court/Forum. [Syed Qamar Hasan Rizvi,J.] [Saurabh Lavania,J.] Order Date :- 9.6.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench