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2025 DAILYLAW 50397 (ALL)

JAI SINGH v. STATE OF U.P. AND 4 OTHERS

WRIC/13352/2025 · 2025-05-06

Avnish Saxena, Saurabh Dwivedi Registrar J Cpc

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:73899-DB Court No. - 39 Case :- WRIT - C No. - 13352 of 2025 Petitioner :- Jai Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Babboo Ram Counsel for Respondent :- C.S.C. Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J. 1. Mr. Ambuj Mishra, learned advocate holding the brief appears on behalf of petitioner and submits, at instance of respondent no.5, respondent no.4 (Station House Officer) is taking coercive action against his client, to evict him from his property. On query he submits, paragraph 10 be seen. Said paragraph is reproduced below. "10. That on the complaint of private respondent No. 5, Station House Officer of police station Garhmukteshwar alongwith police personnel visited the alleged land on 15-04-2025 and directed the petitioner to handover the possession of private respondent No. 5 upon which petitioner apprised about the registered will deed and filing of Case U/s 34 of U.P. Revenue Code, 2006 but SHO of Police Station Garhmukteshwar asked the petitioner to come to police station and the petitioner reached at police station on the same day i.e. 15-04-2025 and again SHO asked the petitioner to handover the possession to private respondent No. 5." 2. Mr. Mohan Srivastava, learned advocate, Standing Counsel appears on behalf of State and submits, he will obtain instructions. 3. Section 35(3) of Bharatiya Nagarik Surakhsan Sanhita (B.N.S.S.), 2023 requires the police to issue notice against whom a reasonable complaint has been made. Respondent no.4, if feels requirement to move against petitioner, must do so following issuance of said notice. Petitioner will communicate certified copy of this order to said respondent. 4. The writ petition is disposed of. Order Date :- 7.5.2025/Mohini (Arindam Sinha, J.) (Avnish Saxena, J.) Digitally signed by :- MOHINI RAI High Court of Judicature at Allahabad