Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:118413-DB Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 13269 of 2025 Petitioner :- Ronika Dixit Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Somdatt Counsel for Respondent :- G.A. Hon'ble Salil Kumar Rai,J. Hon'ble Sandeep Jain,J.
1. Heard the counsel for the the petitioner and the A.G.A. for the State. 2. The present petition has been filed praying for following relief:
"(i) COURT AT decide the grievance of the petitioner for illegal To call for the records and to issue a writ, order or direction in the nature of mandamus commanding the State authorities/ respondents to consider and grabbing of her Flat/ house No. 1803, Tower-10, Bluebell, Paramount Floraville, Sector- 137, NOIDA, District Gautambuddha Nagar by respondent No.6 and 7 in collusion with local police. (ii) To issue a writ, order or direction in the nature of mandamus commanding the concerned State authorities/ respondents to register criminal case of the petitioner against respondent Nos.6 and 7 regarding illegal grabbing of her Flat/ house No. 1803, Tower-10, Bluebell, Paramount Floraville, Sector-137, NOIDA, District Gautambuddha Nagar after breaking open locks by the respondent No.6 and 7. (iii) To issue a writ, order or direction in the nature of certiorari quashing the impugned police report dated 07.05.2025 (Anexure No.1 to this writ petition) submitted by the respondent No.5. (iv) To issue a writ, order or direction in the nature of mandamus commanding the concerned State authorities/respondents to conduct proper enquiry by an Independent Investigating agency regarding grievance of the petitioner for illegal grabbing of her Flat/house No. 1803, Tower-10, Bluebell, Paramount Floraville, Sector-137, NOIDA, District Gautambuddha Nagar by respondent No.6 and 7 in collusion of local police. (v) To issue a writ, order or direction in the nature of mandamus commanding the respondents to restore the possession of the petitioner's Flat/ house No. 1803, Tower-10, Bluebell, Paramount Floraville, Sector-137, NOIDA, District Gautambuddha Nagar in accordance with law."
3. So far as the prayer nos.1 to 4 are concerned, the petitioner has the remedy to approach the concerned Magistrate under Section 173 (4) read with Section 175(3) of the B.N.S.S., 2023. So far as the prayer no.5 is concerned, the petitioner has remedy to approach the civil court. Therefore, the Court refrains from interfering under Article 226 of the Constitution of India. 4.
In view of the aforesaid, the present petition is dismissed. Order Date :- 21.7.2025 Jitendra Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad