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2025 DAILYLAW 170919 (ALL)

MOHD. ASHFAQ KHAN @ ASHFAQ KHAN v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME SECTT. LKO AND 5 OTHERS

/11335/2024 · 2025-01-13

Brij Raj Singh, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:2166-DB Court No. - 2 Case :- WRIT - C No. - 11335 of 2024 Petitioner :- Mohd. Ashfaq Khan @ Ashfaq Khan Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Sectt. Lko And 5 Others Counsel for Petitioner :- Nishant Mishra,Dinesh Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Brij Raj Singh,J. Shri Piyush Srivastava, Advocate has filed Vakalatnama on behalf of opposite party no. 6 which is taken on record. Heard. The grievance of the petitioner is that opposite parties no. 4 & 5 are pressurizing him for vacating the flat of which he is the tenant. Learned Counsel for the opposite party no. 6 says that he was merely a caretaker and not a tenant. Learned Standing Counsel says that an F.I.R. has been lodged against the petitioner on 15.12.2024 bearing Case Crime No. 0206 of 2024 registered at Police Station - Babu Banarsi Das, District - Lucknow East (Commissionerate Lucknow) and only in connection with it, petitioner was issued a notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, otherwise, there is no interference by the Police in this civil / private dispute. Be that as it may, we do not wish to enter into this dispute between the private parties. However, as far as, opposite parties no. 4 & 5 who are Police officials, they cannot interfere in a private dispute unless there is apprehension of breach of peace or a crime is committed or it is apprehended of being committed or there are any other valid grounds in any statute or law for their interference. As regards, the opposite party no. 6, if he is the owner and has a cause, he can initiate proceedings against the petitioner as per the law applicable. With these observations / directions, the writ petition is disposed of. Order Date :- 13.1.2025/Lokesh Kumar [Brij Raj Singh, J.] [Rajan Roy, J.] Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench