SAKSENA PRASAD v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.AND OTHERS
CRLP/8204/2025 · 2025-09-09
Rajeev Singh, Rajnish Kumar
body2025
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[ 2025 DAILYLAW 161937 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 161937 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8204 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J.
HON'BLE RAJEEV SINGH, J. Heard Sri Manuvendra Singh, learned counsel for the petitioner and Sri Nikhil Singh, learned A.G.A. for the State. This petition has been filed seeking following main relief:-
"(i) To issue a writ, order or direction in the nature of mandamus commanding the opposite parties, specifically opposite party no.2 i.e., Superintendent of Police, Pratapgarh, to inquire the matter for illegal detention of the petitioner and family member of the petitioner in the interest of justice."
Learned counsel for the petitioner has filed a supplementary affidavit, which is taken on record.
Learned counsel for the petitioner submits that on 22.08.2025, the petitioner was caught by two police personnel, namely, Anil Kumar Daksh and Rajan Patel of Police Station Kandhai, District Pratapgarh at about 05:00 PM in the evening. They took the petitioner to the Police Station, where with the consent of Kotwal Gulab Chandra Sonkar, Sub Inspector Ashok Yadav and other constables, the constable Rajan Patel snatched the mobile phone bearing No.9792331478 and Rs.5,000/- from the possession of the petitioner. On being confronted by the petitioner, the police personnel slapped him. He further submits that the petitioner is suffering from gangrene, therefore, his two fingers were removed and on Versus Counsel for Petitioner(s) : Manuvendra Singh Counsel for Respondent(s) : G.A. Saksena Prasad .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko.And Others .....Respondent(s)
account of beating by the constable Rajan Patel, bleeding started from the same, therefore, the petitioner was allowed to go. He further submits that this all incident is recorded in the CCTV camera of the police station. He further submits that on the next day i.e. 23.08.2025, the younger brother of the petitioner, namely, Dig Vijay @ Lalji, who lives separately, was forcefully picked up by the police of the Police Station Kandhai, District Pratapgarh from the market and his mobile phone bearing No.7800552621 was snatched and he was also beaten by the police at the police station. He further submits that thereafter, in the night at about 09:30 PM, the Kotwal Gulab Chandra Sonkar alongwith Sub Inspector Ashok Yadav and two constables, namely, Anil Kumar Daksh and Rajan Patel came to the house of the petitioner and had beaten his 80 years' old mother, namely, Rajdei and dismantled the house hold articles and broke the mobile phone of petitioner's elder daughter-in-law bearing No.9935376957. He further submits that video recording of the same is available with the petitioner in mobile. He further submits that later on the petitioner came to know that his brother had some quarrel on 22.08.2025 with one Saddam, who is an agent of concerned police station and on account of which, the petitioner and his family members are being harassed by the police personnel.
He further submits that subsequently, the petitioner came to know that his son, namely, Pankaj is being searched by the police in connection with some crime, whereas no crime has been committed by the petitioner and his family members. He further submits that on 24.08.2025 at about 12:40 PM, the brother of the petitioner, namely, Lalji was challaned by the police under Section 170/126/135 BNSS on the basis of concocted facts and he was also taken into custody, however, he was released from the court in the evening. He further submits that the petitioner has made a complaint to the Superintendent of Police, District Pratapgarh with regard to the aforesaid incident on 24.08.2025, but, no action has been taken till date, thus, the petitioner is constrained to approach this Court. CRLP No. 8204 of 2025 2
Learned A.G.A., on the basis of instructions dated 01.09.2025 received from Sri Rajesh Kumar, Sub Inspector, Police Station Kandhai, District Pratapgarh, submits that the brother of the petitioner, namely, Lalji had some quarrel with the Saddam on 24.08.2025 and they were adamant for some crime. The Saddam was normalized but the Lalji Chauhan was aggressive, therefore, preventive action was taken against him at 12:40 PM and he was taken in police custody and was produced before the concerned court on the same date. It is recorded in the G.D. at 13:47 hours at Rapat No.34 on 24.08.2025. After coming to know about the aforesaid, the petitioner had contacted the police station and on being intimated, he went back. The aforesaid instructions are taken on record. Thus, learned A.G.A. submits that this petition has been filed on misconceived facts and is liable to be dismissed.
Having considered the submissions of learned counsel for the parties and on perusal of instructions dated 01.09.2025 provided to learned A.G.A. from Sri Rajesh Kumar, Sub Inspector, Police Station Kandhai, District Pratapgarh, it appears to be a case of police atrocity, with regard to which the petitioner may approach to the D.I.G., Anti Corruption Organization, Lucknow, Uttar Pradesh with proper application alongwith the material and evidence, within a period of two weeks from today. In case such an application is moved, the same shall be considered by the concerned authority and after inquiry, appropriate action shall be taken. With the aforesaid liberty, this petition is disposed of. September 9, 2025 Saurabh CRLP No. 8204 of 2025 3 (Rajeev Singh,J.) (Rajnish Kumar,J.) Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench