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2025 DAILYLAW 162635 (ALL)

DEVKI NANDAN v. STATE OF U.P. THRU.PRIN. SECY. DEPTT. OF HOME LKO. AND 5 OTHERS

WRIC/8765/2025 · 2025-09-09

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8765 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 8765 Heard learned counsel for the petitioner who appears on behalf of State - respondents. This petition has been filed with the following prayers :- Issue a writ, order or direction in the nature of mandamus directing respondent no.3, Superintendent of Police, District – Barabanki to initiate appropriate departmental and disciplinary action against respondent no.5, Sub- Inspector Ram Prakash Mishra and Respondent No.6, Head Constable Amarnath, for the illegal arrest of the petitioner, executed by them in gross violation of legal and constitutional procedures and established guidelines governing police conduct in civil disputes, particularly in light of the directions in Writ C No.1266 of 2023, Prem Lata Maurya vs. State of U.P. and Others, and Circular no.10/23 dated March 11,2023 issued by Respondent No.2. i. Issue a writ, order or direction in the nature of mandamus, directing Respondent Nos.1 & 2 for strict implementation and compliance of the Circular No.10/2023 dated 11.3.2023 issued by the Respondent no.2, i.e., Director General of Police, Uttar Pradesh. ii. Issue a writ, order or direction in the nature of mandamus directing Respondent no.1 for strict implementation of Government order No.302/VI-Pra 1- 2021 – 32/84 dated 23.03.2021 in the District of Barabanki and across the State, including including prohibiting the use of printed Challani/ report formats and mandating proper, individualized application of mind and satisfaction of Magistrates in iii. Versus Counsel for Petitioner(s) : Shashank Verma, Raman Kumar Counsel for Respondent(s) : C.S.C. Devki Nandan .....Petitioner(s) State Of U.P. Thru.Prin. Secy. Deptt. Of Home Lko. And 5 Others .....Respondent(s) proceedings under preventive laws, particularly Chapter XII of BNSS. Issue a writ, order or direction in the nature of certiorari, quashing the Challani Report (Annexure No.7) as well as the show cause notice issued by Respondent no.4 (nnexure No.9) both dated 07.08.2025, and the entire proceedings initiated in pursuance thereof bearing Case No.881 of 2025 under Sections 170, 126 and 135 of the Bharatiya naharik Suraksha Sanhita 2023, pending before the learned Sub Divisional Magsitrate , Tehsil Haidergarh, District Barabanki as being arbitrary, mechanical, illegal and unconstitutional. iv. Issue a writ, order or direction in the nature of mandamus directing the State- respondents to give monetary compensation which this Hon'ble Court deems fit to the Petitioner for his illegal detention, the mental agony, and harassment suffered due to the arbitrary and unlawful conduct of the Respondents, as recognized and allowed by this Hon'ble Court in Shiv Kumar Verma vs. State of U.P. 2021 : AHC : 55027 – DB. v. Issue a writ, order or direction in the nature of mandamus directing the respondent nos. 5 and 6 to give monetary compensation , which this Hon'ble Court deems fit, to the petitioner for the financial loss caused to him due to the wastage of the construction material and other expenses incidental to the non-completion of the then going construction work on his property". vi. From a perusal of prayer no.4 of the writ petition it is evident that case no.881/2025 in pursuance of challani report submitted by the police under section 170, 126 and 135 of the BNS 2023 is pending before Sub Divisional Magistrate, Tehsil Haidergarh, District – Barabanki. The petitioner has been issued a show cause notice on 07.8.2025 by the SDM Tehsil Haidergarh, District Barabanki. It is not clear from the pleadings whether the petitioner has filed his objection/ reply to the show cause notice issued on 07.8.2025 a copy of which has been filed as Annexure no.9 to the petition. This petition is disposed of with a direction to the petitioner to approach the Magistrate concerned. September 9, 2025 mks WRIC No. 8765 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench