Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 46433 (ALL)

ROMI GUPTA v. STATE OF U.P. AND 3 OTHERS

CRLP/7815/2025 · 2025-04-22

Mahesh Chandra Tripathi, Sandeep Chaudhary Joint Registrar Judicial

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:61813-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 7815 of 2025 Petitioner :- Romi Gupta Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rahul Kumar Gupta,Rajkumar Gupta 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 learned AGA for State respondents. 2. In pith and substance, the grievance of the petitioner is that respondent no.4- Station House Officer, P.S. Turkpatti, Distt. Kushinagar is misusing his official position in pressurising the petitioner. 3. It is contended that in this regard the petitioner has also made detailed representation to the competent authority for restraining respondent no.4 not to unnecessary victimise and harass him but no action has been taken as yet and still the petitioner is being harassed by respondent no.4. 4. It transpires from record that an injunction suit is pending consideration in which the petitioner is defendant. In the said proceeding, 6-C application was allowed. We find that if either of the parties try to undermine the injunction order, it is paramount responsibility of the concerned SHO to ensure strict compliance of the injunction order without giving undue favour to any of the party. Even otherwise, the parties are also at liberty to press appropriate application under Order 39 Rule 2A CPC. 5. Considering the relief, as has been prayed for, we find that appropriate remedy is to move application under Section 156 (3) CrPC (now Section 175 (3) BNSS). Once efficacious remedy is available, we are not inclined to exercise our discretionary jurisdiction in the instant matter. 6. The writ petition stands dismissed accordingly. (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 23.4.2025 SP/ Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad