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Neutral Citation No. - 2025:AHC:12241-DB Court No. - 29 Case :- WRIT - C No. - 13465 of 2019 Petitioner :- Anil Dargarh Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Kamlesh Kumar Tiwari,Utkarsh Birla Counsel for Respondent :- C.S.C.,Harish Chandra Mishra,Narendra Mohan Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Ref: Civil Misc. Substitution Application. Heard. The substitution application is allowed.
Learned counsel for the petitioner is permitted to carry out necessary substitution. Ref: Order on Writ Petition. This petition has been filed with the prayer to direct the Station House Officer Nawabad, District Jhansi i.e. respondent no.5 to comply with the order passed by City Magistrate, Jhansi dated 31.12.2014 as well as the order dated 09.04.2018 in proceedings U/s 146 (1) Cr.P.C. The order passed by the City Magistrate, Jhansi directs the police authority to ensure that the previous order of attachment in respect of Arazi No.1262 (M) is carried out on spot. The order of the City Magistrate, Jhansi was an order interlocutory in nature and it is not clear as to what further orders have been passed in such proceedings. It is otherwise admitted that between the parties, civil proceedings are pending. Law is otherwise settled that any proceedings under sections 145, 146 Cr.P.C. remains subservient to the adjudication by the competent civil court. Once the proceedings are pending before the civil court, remedy of the petitioner would be to seek necessary relief in such proceedings. No mandamus is required to be issued to execute the
order, as is prayed for in the present petition. Leaving it open for the petitioner to pursue appropriate remedy before the competent court, this petition is consigned to records.
Order Date :- 23.1.2025 C. MANI Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad