MOHD. WARIS HUSAIN v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND OTHERS
CRLP/5738/2025 · 2025-07-03
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 148043 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 148043 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5738 of 2025 Petitioner :- Mohd. Waris Husain Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Others Counsel for Petitioner :- Shadab Haider,Rizwan Haider,Tanveer Haider Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. Heard learned counsel for the parties and perused the record. This petition has been filed with the following main prayers :-
"(i) issue a writ, order or direction in the nature of mandamus commanding the opposite parties concerned to protect the life and personal liberty and harassment of the petitioner and his family members from the opposite parties concerned specially the opposite party no.3 and 4 and also the plot no.64, situated at Bari Enclave Faizullaganj, P.S. Madiyaon, District Lucknow to be grabbed by them and also take necessary action against them in the interest of justice. (ii) issue a writ, order or direction in the nature of mandamus commanding the opposite party no.2 to decide the application of the petitioner dated 13.05.2025 as contained in Annexure No.1 to this writ petition in the interest of justice. (iii) issue a writ, order or direction in the nature of mandamus commanding the opposite parties concerned to consider and decide the application of the petitioner dated 13.05.2025 as contained in Annexure No.1 to this writ petition in the interest of justice." We have gone through the letter dated 13.5.2025 which has been sent by the petitioner to the Director General of Police, UP through registered post. From perusal of the letter it appears that the petitioner is aggrieved by the action of the alleged mafia who are trying to take over the land belonging to the petitioner. In case the petitioner's FIR is not being registered by the police station concerned for acts of omission and commission by private persons, he has remedy of firstly to approach the Superintendent of Police of District concerned and on his failure he may approach the Court concerned under 175 (3) BNSS or even file a complaint case. We find no good ground to grant the prayer as made by the petitioner in the present writ petition. The writ petition is accordingly dismissed. Order Date :- 3.7.2025 mks Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench