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2025 DAILYLAW 169575 (ALL)

RAJMANI SINGH CHAUHAN v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND 5 OTHERS

CRLP/9594/2024 · 2025-02-11

Subhash Chandra Sharma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:8817 Court No. - 14 Case :- CRIMINAL MISC. WRIT PETITION No. - 9594 of 2024 Petitioner :- Rajmani Singh Chauhan Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko. And 5 Others Counsel for Petitioner :- Ravi Shankar Mishra Counsel for Respondent :- G.A.,Suresh Chandra Srivastava Hon'ble Subhash Chandra Sharma,J. Rejoinder affidavit filed today by learned counsel for the petitioner is taken on record. Heard learned counsel for the petitioner as well as learned A.G.A. for the State and perused the material on record. This writ petition has been filed with the following prayers:- (i) to issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opposite parties no. 2 and 3 to protect the life and property of the petitioner in the light of Rule 22 (1) of Uttar Pradesh Maintenance and Welfare of Parents and Senior Citizen Rule 2014 and restrain the opposite party no. 5 and 6 and others from making the illegal harassment of the petitioner and to hand over the property of the petitioner to the petitioner forthwith, in the interest of justice. (ii) to issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opposite parties no. 2 and 3 to take appropriate action on the representation dated 18.11.2024 made by the petitioner contained in Annexure No. 1 to this writ petition within a period as fixed by this Hon'ble Court, in the interest of justice. (iii) Issue any other writ, order or direction which this Hon'ble Court may deep fit and proper under the circumstances of the case. (iv) Allow the writ petition with costs in favour of the petitioner. It is submitted by learned counsel for the petitioner that an order was passed on 10.01.2025 providing protection to the petitioner and copy of the order was also directed to be sent to the Station House Officer, Police Station Amethi, District Amethi through S.P. for strict compliance even though respondent nos. 5 and 6 are not permitting him to live in the house. Learned counsel for the respondent as well as learned A.G.A. for the State contended that alternate remedy is available to the petitioner under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, therefore petitioner be directed to avail appropriate remedy from the aforesaid tribunal. On considering the facts and circumstances of the case, submissions made by learned counsel for the petitioner as well as learned A.G.A., perusal of record, the provisions as contained in the aforesaid Act, 2007 and the order passed by this Court dated 10.01.2025, it is expedient to direct the Superintendent of Police, District Amethi to ensure strict compliance of order passed by this Court on 10.01.2025 and the petitioner may also avail appropriate remedy under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Accordingly, this petition is disposed of finally. Order Date :- 11.2.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench