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2025 DAILYLAW 33556 (ALL)

MEENA DEVI v. STATE OF U.P. AND 8 OTHERS

CRLP/7625/2025 · 2025-04-27

Mahesh Chandra Tripathi, Sandeep Chaudhary Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:65693-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 7625 of 2025 Petitioner :- Meena Devi Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Raj Kumar Tripathi Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard learned counsel for the petitioner and the learned AGA for the State. 2. The instant writ petition has been preferred for a mandamus commanding the second respondent i.e. Sub Divisional Magistrate, Phoolpur, District Azamgarh to comply its own order dated 3.10.2024 in Case No. 5540/2024, computerised case no. T202415060305540 (State v. Meena Devi) within stipulated period. 3. Learned counsel for the petitioner states that inspite of the aforesaid order, opposite parties are trying to interfere on the spot and bent upon to uproot the petitioner from her holding. 4. Learned AGA resisted the aforesaid relief. He submits that the order impugned has been passed under Section 164 B.N.S.S. and in case the said order has not been complied, the petitioner is having efficacious remedy under B.N.S.S. Moreover, in case the order impugned is being flouted, it is always open for the petitioner to move an appropriate application before the Sub Divisional Magistrate for redressal of her grievance. 5. Considering the factual situation, at this stage, we are not inclined to issue notices to the opposite parties. However, in case the opposite parties are flouting the order dated 3.10.2024, we hope and trust that the Sub Divisional Magistrate concerned will proceed as per law. 6. With the aforesaid observations, the writ petition stands disposed of. (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 28.4.2025 A.K.Srivastava Digitally signed by :- ARUN KUMAR SRIVASTAVA High Court of Judicature at Allahabad