SHEIKH KHURSHID AND 4 OTHER v. STATE OF U.P. AND 5 OTHER
WRIC/3594/2025 · 2025-02-17
Ashwani Kumar Mishra, Vipin Chandra Dixit
body2025
DailyLaw.ai
[ 2025 DAILYLAW 16633 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16633 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:23149-DB Court No. - 29 Case :- WRIT - C No. - 3594 of 2025 Petitioner :- Sheikh Khurshid And 4 Other Respondent :- State Of U.P. And 5 Other Counsel for Petitioner :- Mohd. Shahanshah Khan Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Vipin Chandra Dixit,J. This writ petition has been filed with the prayer to direct the Superintendent of Police, Mirzapur to stop illegal harassment of petitioners at the hands of Sub-Inspector of the police station concerned, who has been impleaded in his personal capacity as respondent no.5. It is submitted that petitioner nos.1 and 3 are witnesses in the Patna Blast Case, and only with an intent to pressurize the petitioners that series of criminal proceedings including registration of NCR etc. are being resorted to by the police personnel. It is, therefore, submitted that the fifth respondent be restrained from harassing the petitioners. Learned State Counsel opposes the writ petition on the ground that various criminal cases lodged against the petitioners would require investigation and in the event petitioners feel aggrieved by them, their remedy would lie elsewhere. A writ of mandamus cannot be issued to restrain the police authorities from performing their duties, in accordance with law. If a criminal case is lodged, the Investigating Authority would proceed as per law. Prima faice, we find substance in the objection raised by respondents, inasmuch as apparent implication of petitioners in other criminal cases are shown. The remedy of the petitioners would be to challenge such proceedings. A writ of mandamus would not lie, in such circumstances, to restrain the police authorities from investigating criminal cases or questioning the petitioners etc. Writ petition, accordingly, is dismissed. Order Date :- 18.2.2025 Anil Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad