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2025 DAILYLAW 65038 (ALL)

PREMVEER YADAV v. STATE OF U.P. AND 2 OTHERS

WRIC/18979/2025 · 2025-09-21

Amitabh Kumar Rai, Saral Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 18979 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents. 2. The petitioner by means of the present writ petition has prayed for the following relief:- "i. Issue a writ, order or direction in the nature of mandamus directing the respondent nos.02 & 03 not to harass and torture to the petitioner and his family members as well as not to create any type of hindrance in the peaceful livelihood, life and liberty of the petitioner as per Article-21 of the constitution of India. ii. Issue a writ, order or direction in the nature of mandamus directing the respondent nos.02 & 03 to decide the application of the petitioner, in which redressal of grievance of the petitioner is mentioned, within stipulated period as fixed by this Hon'ble Court. i. Issue any suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the fact and circumstances of the instant case. v. Award cost of the writ petition in favour of the Petitioner." 3. This Court on 09.09.2025 passed the following order:- "1. By means of the present writ petition, the petitioner has prayed for the following relief:- "1. Issue a writ, order or direction in the nature of mandamus directing the Versus Counsel for Petitioner(s) : Ramashankar Yadav Counsel for Respondent(s) : C.S.C. Premveer Yadav .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) respondent nos. 02 and 03 not to harass and torture to the petitioner and his family members as well as not to create any type of hindrance in the peaceful livelihood, life an liberty of the petitioner as per Article 21 of the Constitution of India. 2. Issue a writ, order or direction in the nature of mandamus directing the respondent nos. 02 and 03 to decide the application of the petitioner, in which redressal of grievance of the petitioner is mentioned, within stipulated period as fixed by this Hon'ble Court." 2. This Court, vide order dated 18.7.2025, directed the learned Standing Counsel to seek instructions in the matter. 3. Shri Rajeshwar Tripathi, learned Additional Chief Standing Counsel, on instructions, states that there are two criminal cases pending against the petitioner and, since the petitioner is not cooperating with the investigation, the police are repeatedly approaching him so that he may cooperate with the investigation. 4. Be that as it may, according to the petitioner, there are indeed two cases against him, one under the Gangsters Act in which a charge sheet has been filed, and in the other case he has already been enlarged on bail. 5. This Court is not satisfied with the explanation tendered by the respondents-State, inasmuch as if the petitioner is not cooperating in the investigation, or if he is wanted in any other case, the police authorities may proceed against him strictly in accordance with law, and not by acting arbitrarily or without following due procedure of law. 6. Shri Rajeshwar Tripathi, learned Additional Chief Standing Counsel, prays for one week's further time to complete the instructions in the matter. 7. On his request, the case is adjourned. 8. In case a satisfactory explanation is not furnished by the respondents, this Court may consider summoning the Superintendent of Police and the Station House Officer concerned. 9. Put up this case as fresh on 22.9.2025." 4. Sri Rajeshwar Tripathi, learned Chief Standing Counsel-II on instruction, which is taken on record, states that the charge sheet has been filed in WRIC No. 18979 of 2025 2 criminal case pending against the petitioner, in which he has been enlarged on bail. He submits that since the petitioner was not cooperating with the investigation, therefore, he was summoned by the authorities. Now, after filing of charge sheet, petitioner is no more wanted in any case, therefore, there is no question for summoning the petitioner by the authority. 5. In view of the statement made above by the learned Chief Standing Counsel-II, we dispose off the writ petition with a direction the respondent authority not to harass the petitioner in future except without following the due procedure of law. September 22, 2025 NS WRIC No. 18979 of 2025 3 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad