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2025 DAILYLAW 94300 (ALL)

VINOD KUMAR v. STATE OF U.P. AND 8 OTHERS

WRIC/31623/2025 · 2025-09-24

Amitabh Kumar Rai, Saral Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31623 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioner, learned counsel for respondent Nos. 5 to 9, and learned Standing Counsel representing the State. 2. By means of the present writ petition, the petitioner has prayed for the following reliefs: “i. Issue a writ, order or direction in the nature of mandamus directing respondent Nos. 2 and 3 not to harass or torture the petitioner and his family members and not to create any kind of hindrance in their peaceful livelihood, life and liberty as guaranteed under Article 21 of the Constitution of India. ii. Issue a writ, order or direction in the nature of mandamus directing respondent Nos. 2 and 3 to decide the application dated 03.06.2025 of the petitioner, wherein redressal of his grievance has been sought, within a stipulated period as may be fixed by this Hon’ble Court.” 3. Learned counsel for the petitioner submits that respondents are harassing and torturing the petitioner and his family members and that respondent Nos. 3 and 4 have failed to decide the petitioner’s application dated 03.06.2025. Versus Counsel for Petitioner(s) : Ramashankar Yadav Counsel for Respondent(s) : C.S.C. Vinod Kumar .....Petitioner(s) State Of U.P. And 8 Others .....Respondent(s) 4. Per contra, learned Standing Counsel submits that the dispute raised by the petitioner essentially pertains to a criminal matter, which cannot be adjudicated in writ jurisdiction. It is further pointed out that the controversy is primarily between the petitioner and respondent Nos. 5 to 9, who are private parties. 5. Having considered the submissions advanced, this Court finds that the reliefs claimed by the petitioner relate to grievances arising out of a criminal dispute between private parties, which cannot be gone into in proceedings under Article 226 of the Constitution of India. 6. Accordingly, the writ petition is dismissed with liberty to the petitioner to avail appropriate remedies before the competent criminal court in accordance with law. September 25, 2025 Karan WRIC No. 31623 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad