IMAM ALI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND OTHERS
CRLP/6139/2025 · 2025-07-09
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 150290 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150290 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:39396-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6139 of 2025 Petitioner :- Imam Ali And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And Others Counsel for Petitioner :- Mohammad Asad Mahmood,Shujat Kidwai Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for the petitioners and learned A.G.A. for the State.
2. This writ petition has been filed with the following main prayer:-
"(i). Issue a writ, order or direction in the nature of MANDAMUS commanding the opposite party nos.1, 2 and 3 to proceed in accordance with law and may also be directed to the opposite party nos. 2 and 3 not to harass the petitioners and do fair and proper investigation and to take necessary steps and action in pursuance of application dated 13.06.2025 in the interest of jsutce contained as annexure 1 to the writ petition."
3. It is submitted by learned counsel for the petitioner that the petitioner had filed Regular Suit No.147 of 2015 where the opposite party nos. 4 to 8 are the defendants and interim injunction has been granted by the Civil Judge, Sultanpur in favour of petitioner no.4. The opposite party nos.4 to 8 however, they do not respect the interim injunction of maintenance of status quo. When they violated the order of injunction, the petitioner no. 2 filed a contempt application before the court concerned against opposite party nos. 4 to 8. On 08.05.2025, the opposite party nos.4 to 8 in violation of the injunction order dated 30.05.2015 started encroaching upon the land in question. Now, the opposite party no.4 has approached the police station Musafirkhana and filed a false complaint.
4. Learned AGA on the basis of instructions sent by Sri Naseer Ahmad, Sub-Inspector, Police Station Musafirkhana, Amethi, which is taken on record, says that civil suit is pending, wherein an interim injunction in favour of the petitioner, when it was not being followed the trial Court
directed the police to ensure its compliance. Since there was a complaint relating to non-compliance and also non compliance of interim injunction by the court concerned and the date fixed in the matter is 18.07.2025, the applicants Farooq Ahmad, Sadiq Ali, Abbas Ali, Sajjan and
Imam Ali, Sons of Farooq and the informant were advised to maintain peace and proceedings under Section 170, 126, 135 of BNSS were initiated on 11.02.2025. The police is not interfering in any manner. It has only challaned under Sections 170, 126, 135 BNSS on 11.02.2025 and then again on 12.06.2025. The present petition has been filed by the petitioner only to create unnecessary pressure on the police.
5. Thus the writ petition is disposed of with a direction to the petitioner to approach the Magistrate concerned against the challan proceedings initiated by the police.
Order Date :- 9.7.2025 Pks Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench