Neutral Citation No. - 2025:AHC:112844-DB Court No. - 21 Case :- WRIT - C No. - 19890 of 2025 Petitioner :- Vinod Kumar Mishra Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Girish Kumar Mishra,Hari Om Shukla Counsel for Respondent :- Azad Rai,C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Sri Manoj Kumar, Advocate, has put in appearance on behalf of respondent no. 5. He states that respondent no. 6 is dead. He states that respondent no. 7, being brother of respondent no. 5, has the same defense. 2. The instant petition has been filed alleging that private respondents have made encroachment over a public Rasta made of interlocking bricks. He places reliance on certain reports of Tehsil authorities in support of his allegation. 3. Counter affidavit has been submitted on behalf of respondent nos. 2 and 3 and wherein stand taken is that respondent nos. 5 and 6 were challaned under Section 133 Cr.P.C./ 152(1)(ka) B.N.S.S., on 12.7.2025. State respondents have supported the version of the petitioner that private respondents have made encroachment over the Rasta. However, it is stated by them that presently, the power to hold proceedings under Section 133 Cr.P.C. lies with the police authorities under the Commissionerate system and, therefore, action is to be taken by them. 4. Learned counsel appearing on behalf of respondent no. 5 submits that the reports are incorrect and that the private respondents have not made any encroachment on public Rasta. 5. Having considered the rival submissions, we are of the opinion that the proceedings under Section 133 Cr.P.C. should be concluded, expeditiously. In the said proceedings, the parties will be at liberty to place their respective versions. 6. Accordingly, we dispose of the instant petition with direction to respondent no. 3 to apprise the concerned police officer of the instant matter and order of this Court, so that the proceeding under Section 133 Cr.P.C./152(1)(ka) B.N.S.S., where under, the private respondents have been challaned, is taken to logical conclusion, expeditiously, preferably within twelve weeks. . (R.M.N. Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 14.7.2025 Dhirendra/ Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad