SUHAIL AHMAD v. STATE OF U.P. THRU. PRIN. SECY. HOME AFFAIRS LKO AND 3 OTHERS
CRLP/9208/2025 · 2025-10-09
Rajnish Kumar, Zafeer Ahmad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 166534 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 166534 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9208 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J.
HON'BLE ZAFEER AHMAD, J. 1.Heard Sri Srijan Raj Singh, learned counsel for the petitioner and learned A.G.A. for the State.
2. This petition has been filed with the following prayers:-
"(i) Issue a writ, order or direction in the nature of 'Mandamus' commanding the opposite party nos. 2 and 3 to take action on the application of the petitioner in accordance with law. (ii) Issue a writ, order or direction in the nature c 'Mandamus' thereby directing to the opposite part to compliance of the judgment and decree passed b the Civil Judge, Sultanpur."
3. Learned counsel for the petitioner submits that in pursuance of a decree of the civil court, the possession was handed over to the petitioner on his portion on 15.10.2019 but the respondent no.4 is interfering in his portion, therefore, the petitioner has approached the Superintendent of Police, Baldirai District Sultanpur by means of a complaint dated 27.08.2025 but no action has been taken thereon till date, therefore, the petitioner is constrained to approach this Court.
4. Learned A.G.A., on the basis of instructions dated 23.09.2025 received from Sri Chandrashekhar Sonkar, Sub Inspector, Baldirai, District Versus Counsel for Petitioner(s) : Srijan Raj Singh, Almas Farogh, Anil Singh, Himanshu Deepak, Mohd.Saulat Wasim Counsel for Respondent(s) : G.A. Suhail Ahmad .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Affairs Lko And 3 Others .....Respondent(s)
Sultanpur, submits that an action under Section 126/135 B.N.S.S., 2023 has been taken vide G.D.entry no.46. dated 9.9.2025, therefore, this petition is misconceived and is not tenable in the eyes of law.
5. Faced with above, learned counsel for petitioner submits that this petition may be dismissed as not pressed with liberty to avail appropriate remedy in case the occasion arises.
6. In view of above, this petition is dismissed with liberty aforesaid. October 9, 2025 Shahnaz CRLP No. 9208 of 2025 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench