Neutral Citation No. - 2025:AHC-LKO:41746-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6325 of 2025 Petitioner :- Jamid Ali Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Avneesh Singh Counsel for Respondent :- G.A.,Shikhar Anand Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioners, learned A.G.A. appearing for the State as well as Sri Shikhar Anand, learned counsel for the State Human Rights Commission and perused the record. 2. The writ petition has been filed with the following prayers:- "(i) Issue a writ order or direction in the nature of Mandamus commanding the opposite parties specially police authorities to take an appropriate decision on the application dated 09.07.2025 moved by the petitioner (ANNEXURE No. 1) pending before him forthwith in the interest of justice. (ii) Issue a writ of mandamus or appropriate direction to restrain the police authorities from taking any coercive action or eviction measures against the petitioner in respect of the property in question. (iii) Issue a writ, order or direction in the nature of mandamus directing the Respondent Authorities, particularly the Superintendent of Police, Pratapgarh, to conduct a fair, impartial, and time-bound inquiry into the incident dated 08.07.2025, wherein Sub-Inspector Prabhat Verma, posted at Police Station Mandhata, physically assaulted the Petitioner without any lawful authority or provocation. " 3. It has been submitted by the learned counsel for the petitioners that on 8.7.2025 at around 8:00 p.m. the petitioner was sitting at his home when Sub Inspector Prabhat Verma, posted at Police Station- Mandhata, District- Pratapgarh arrived in police uniform accompanied by dozens of police personnel and asked about his daughter- in- law. When the petitioner was unable to inform about his daughter- in -law, S.I. Prabhat Verma without any reason or prior notice called the petitioner outside his home and started abusing him using foul language. Without any discussion or provocation, S.I. Prabhat Verma began beating the petitioner with kicks and feasts and when his grandson - Saden came to shield him, S.I. Prabhat Verma strangled him and kicked him away and also threatened him with dire consequences. S.I. Prabhat Verma physically assaulted the petitioner and his wife a senior citizen aged about 70 years and threw household articles/utensils. 4. Learned counsel for the petitioners further submitted that the petitioner's daughter-in-law- Sabina Bano has been made an accused in a false and fabricated case registered as case crime no. 209 of 2023 under Sections 376, 323, 506 I.P.C. and 3/4 & 7/8 of the POCSO Act in which she has to appear before the learned Additional District and Sessions Judge/Special Judge (POCSO Act) District- Pratapgarh and her bail application no. 2701/25 is pending before the learned Additional District and Sessions Judge/Special Judge (POCSO Act) and the next date fixed is 21.7.2025. Because of manhandling, the petitioner and his wife had suffered injuries and written complaint to the Superintendent of Police. When no heed was paid, the instant writ petition has been filed with the aforesaid prayers. 5. Learned A.G.A. has produced before this Court the instructions sent by Sub Inspector- Anup Yadav, Sub Inspector, Police Station- Mandhata, District- Pratapgarh wherein it has been stated that the petitioner's grandson is an accused in case crime no. 209 of 2023 under Sections 376, 506 I.P.C. and 3/4 of the POCSO Act. He being a juvenile delinquent his custody has been given to his mother Smt. Sabina by the Juvenile Justice Board, Pratapgarh vide its order dated 3.7.2025, however, both Sabina and juvenile delinquent have run away and are not appearing before the court concerned, therefore, the police had searched the house of the petitioner. The petitioner and his wife are not cooperating and telling the whereabouts of Sabina and their grandson. A non bailable warrant has been issued by the Juvenile Justice Board in this regard. A copy of non bailable warrant has been enclosed to the instructions. The instructions are kept on record. 6. The writ petition has been filed on basis of misleading averments and it is accordingly dismissed. . .[Brij Raj Singh, J.] [Sangeeta Chandra,J.] Order Date :- 22.7.2025 Anuj Singh Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench