RAM ABHILAKH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS
CRLP/8614/2025 · 2025-11-20
Abdul Moin, Babita Rani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 187044 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 187044 (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. - 8614 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J.
HON'BLE MRS. BABITA RANI, J.
1. None appears for the petitioner despite the notice being affixed indicating that the case would be taken up at 2:15 P.M.
2. Instant writ petition has been filed praying for a writ of mandamus commanding the respondents to give adequate police protection to the petitioner and get opened the lock of the property of the petitioner. 3. This Court had passed a detailed order dated 08.10.2025, which for the sake of convenience is reproduced hereunder:-
"1. Heard learned counsel for the petitioner and learned Additional Government Advocate appearing for respondents No. 1 to 5. 2. Instant petition has been filed praying for a mandamus commanding the respondents to provide adequate police protection to the petitioner. Further prayer is for a mandamus commanding the respondents No. 1 to 5 to get open the lock of opposite party No.6 to 9 on the property of the petitioner. 3. The contention of learned counsel for the petitioner is that the petitioner is the owner of the land Gata No. 397/0.082 hectare situated in village Bangawan, Tehsil Rudauli, District Ayodhya, which he had purchased through a registered sale deed. 4. The private respondents No. 6 to 9 are inimical with the petitioner and wanted to grab the said piece of land with the result that the incident took place on 12.03.2025 in which the petitioner and his two sons were severely beaten up. This resulted in the petitioner Versus Counsel for Petitioner(s) : Shrawan Kumar, Deepshikha Singh, Lavlesh Giri, Ramesh Kumar Srivastava Counsel for Respondent(s) : G.A. Ram Abhilakh .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Others .....Respondent(s)
lodging an FIR registered as FIR 0088 on 12.03.2025 under 115(2), 352, 351(3),109 (1) and 110 of B.N.S., 2023. 5. Thereafter the petitioner had approached the Tehsildar, Rudauli for the purpose of getting back the possession of the land. The Tehsildar, Rudauli has submitted his report dated 29.04.2025, a copy of which is Annexure- 10 to the petition, wherein it has been indicated that the petitioner has been forcibly dispossessed from the said piece of land and that the private respondents are not willing to give back the possession. 6.
The contention is that considering the aforesaid report of the petitioner having been forcibly dispossessed from his piece of land, he and his family members having been physically assaulted and there being a threat to his life, it is prayed that the official respondents be directed to give adequate police protection to the petitioner and his family members and to have the lock of the respondents No. 6 to 9, as put on the property of the petitioner, opened. 7. On the other hand, learned AGA states that there is a civil dispute as such the police cannot interfere and give back the possession of the said property to the petitioner. It is also stated that the chargesheet has also been filed in the court on 17.05.2025. 8. Considering the arguments raised by the learned counsel for the petitioner as well as learned AGA and on perusal of record, it emerges that the dispute pertains to a particular piece of land which is alleged to have been forcibly taken possession of by the private respondents. The police are keeping their hands off from the said property considering that a civil dispute is involved and various government orders having been issued whereby the police has been required to keep its hands off from interfering in such civil disputes. 9. In case the petitioner is apprehending any threat to his life, he can always file an application before the appropriate court under the Witness Protection Scheme for grant of police protection as well as to file an appropriate application under the Government order dated 09.05.2014 for the purpose of grant of police protection in case of any threat to his life, which can be considered in accordance with law. 10.
So far as a mandamus has been prayed for having the locks of respondents No. 6 to 9 opened on the property of the petitioner, in this regard it is open for the petitioner to file an application under Section 164 of the B.N.S.S. 2023. 11. However, prior to disposing of the petition, we would also like to have the version of the private respondents, more particularly, considering the report of the Tehsildar dated 29.04.2025 which indicates that the private respondents have forcibly taken possession of the land in dispute and are not willing to give back the same. As such issue notice to CRLP No. 8614 of 2025 2
respondents No. 6 to 9. 12. List the matter on the date indicated in the notice, as fresh. 13. In the meantime, learned AGA may also seek instructions."
4. Today, learned A.G.A. on the basis of instructions received from Shri Mushtaq Shah, Sub-Inspector, Police Station Rudauli, District Ayodhya dated 07.11.2025 states that charge-sheet dated 17.05.2025 has been filed against all four accused as indicated in the FIR No.0088 of 2025 dated
12.03.2025. 5. Considering the aforesaid, it is apparent that the respondents have proceeded against the perpetrators of the crime as indicated in the FIR. Further, interest of the petitioner has already been protected vide detailed order dated 08.10.2025. 6. Considering the aforesaid, the writ petition stands disposed of. November 20, 2025 prateek CRLP No. 8614 of 2025 3 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench