HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7549 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard Sri Lav Singh, learned counsel for the petitioners, Sri G. D. Bhatt, learned AGA for the State and perused the record. 2. Learned counsel for the petitioners has filed supplementary affidavit, same is taken on record. 3. In view of the proposed order, notice to opposite parties No. 5 to 15 is hereby dispensed with. 4. By means of this petition, petitioners have prayed that the Chief Secretary, Government of U.P., Lucknow may consider the representation of the petitioners dated 18.07.2025 (Annexure) providing them proper security in respect of their life and property. 5. Sri Lav Singh, learned counsel for the petitioners has stated that opposite party No.5 is the land Mafiya of the area and the opposite party No.7 is the Deputy Superintendent of Police/Circle Officer, Khajani, Gorakhpur, are creating hindrance in the peaceful possession of the property of the petitioners. The local police is supporting the aforesaid police officer and the bonafide and genuine grievance of the petitioners is not redressed. Learned counsel for the petitioners has stated that the petitioners have filed an application under Section 173(4) of B.N.S.S. before the court of Special Judge, SC/ST Act, Lucknow bearing Case No.4351 of 2025 on 17.07.2025 and that application is still pending consideration. Versus Counsel for Petitioner(s) : Lav Singh Counsel for Respondent(s) : G.A. Smt. Chandrawati And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko And Others .....Respondent(s) 6. Sri G. D. Bhatt, learned AGA has produced a copy of instructions letter dated 02.09.2025 provided by one Daya Shankar Yadav, Sub Inspector, Police Station Ashiyana, District Lucknow, same is taken on record. 7. In the aforesaid instructions letter one fact has been indicated that the present petitioners have themselves violated the law and have threatened the opposite party No.7 for dire consequences in respect of property which has been purchased by him from one Shekhar Kapoor and the parties have entered into an agreement to sale for such incident one FIR bearing Case Crime No.176 of 2025 under Sections 324(4), 352 & 351(3) B.N.S. has been registered wherein the chargesheet has been filed against the petitioners. Sri Bhatt has further submitted on the basis of instructions that the petitioners are trying to grap the one piece of land which was allotted by the L.D.A. to one Shekhar Kapoor from whom he purchased the land. 8. Sri Bhatt has drawn attention of this Court towards para- 7 of the instructions letter wherein the reference of Case No.1795 of 2025; Smt. Chandrawati Devi Vs. Dinesh Lodhi and others has been given wherein the competent court has directed to maintain the status quo and pursuant to that order the police maintained the law and order situation at the area stopping constructions which was being carried out. The instructions further reveals that in a issue in question some civil dispute is also being adjudicated. 9. Learned counsel for the petitioners has stated that in a civil proceeding, the interim injunction has been granted in favour of the petitioners. 10. Be that as it may, since the petitioners have prayed that they be provided the security of their life and property for that they preferred an application to the Chief Secretary of U.P. dated 18.07.2025 and they also filed an application before the competent court under Section 173(4) B.N.S.S., which is pending consideration, therefore, without entering into the merits of the issue, we hereby dispose of this petition finally, so the petitioners may press the aforesaid application filed under Section 173(4) B.N.S.S before the concerned court where the said application is said to be pending and in the meantime, if, there is any threat perception in respect of their life and property, the competent police authority may be approached and it is expected that such competent authority may do the needful strictly in accordance with law. CRLP No. 7549 of 2025 2 11. It is made clear that since we have not entered into merits of the issue therefore all the competent authority/court may pass appropriate order strictly in accordance with law, without being influence from any observation of this FIR. 12. In view of the aforesaid term, the writ petition is disposed of. September 9, 2025 Reena/- CRLP No. 7549 of 2025 3 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench