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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22547 of 2025 Court No. - 44 HON'BLE J.J. MUNIR, J.
HON'BLE SANJIV KUMAR, J. Heard Mr. Mrityunjay Dwivedi, learned Counsel for the petitioner in support of this petition at considerable length and Mr. Ghanshyam Kumar, learned AGA-I on behalf of the State. The learned Counsel for the petitioner has submitted that he is the owner of the shop, where the accused Afzal was standing and it was his brother and other relatives who set him free from Police custody. The petitioner has nothing to do with the offence of liberating an arrested accused from Police custody. A perusal of the impugned FIR shows that daredevil action was indulged in by all those gathered at the shop, where the accused Afzal was arrested by the Police. No doubt, the main role was played by the Village Pradhan , who drove his tractor and blocked access via the road to the shop, where the accused had been apprehended, in order to prevent the reinforcements from reaching there. But, at the same time, the petitioner and others all appeared to be hand-in-glove in rescuing and liberating Afzal, an accused in a case of rape from the custody of the Police, where he had already been apprehended by two Police Constables in plain clothes. This kind of daredevilry shown by members of the public is on the rise. It is a tendency, where the law has lost all respect; also fear. Howsoever democratically the political system of a country may be set up under the Constitution, but the authority of the law has to retain its edge of coercion in order to establish peace, public order, and then, maintain Versus Counsel for Petitioner(s) : Mrityunjay Dwivedi Counsel for Respondent(s) : G.A. Inam and others .....Petitioner(s) State of U.P. and others .....Respondent(s)
law and order. It has become common place nowadays for citizens to attack members of the police force, as and when they get that opportunity. It is not attacking an individual or a particular man in uniform. The uniform in itself is just a piece of apparel, but what happens with an action of this kind is taken is that the authority of the law is undermined, and, for some moments, the authority of the State disappears from the locale.
This kind of conduct, apart from other things, is one which does not entitle the petitioner to any relief in the exercise of our jurisdiction under Article 226 of the Constitution. This writ petition is summarily dismissed. October 14, 2025 Deepak CRLP No. 22547 of 2025 2 (Sanjiv Kumar, J.) (J.J. Munir, J.) Digitally signed by :- DEEPAK KUMAR PANDEY High Court of Judicature at Allahabad