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2025 DAILYLAW 95885 (ALL)

RAJVIR SINGH v. STATE OF UP AND 3 OTHERS

CRLP/20636/2025 · 2025-09-14

Pramod Kumar Srivastava, Vivek Kumar Birla

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 20636 of 2025 Court No. - 42 HON'BLE VIVEK KUMAR BIRLA, J. HON'BLE PRAMOD KUMAR SRIVASTAVA, J. 1. Heard Sri Akhilesh Kumar Singh, learned counsel for the petitioner as well as Sri Shashi Dhar Pandey, learned AGA appearing for the State respondents and perused the record. 2. Present petition has been filed with a prayer to direct the respondent no. 1 and 2 to take discipline the reaction against the respondent no. 4. It is further prayed to direct the respondent no. 1 and 2 to recover from respondent no. 4 either by way of compensation are by deduction from his salary the damage for the petitioner's running Bus which was wrongfully seized by him and converted into mere scab and to pay said amount to the petitioner. 3. A preliminary objection has been raised by the learned AGA that present petition is not maintainable. It is submitted that the Magistrate concerned has already passed the order dated 20.3.2024 in respect of release of property and in case the said order is not complied with, the remedy of the petitioner is to approach the Court concerned for compliance of the aforesaid order. 4. Learned counsel for the petitioner could not dispute the aforesaid position. 5. We further find that there is nothing on record to indicate that the petitioner has moved an application before the Court concerned and straightaway he has approached this Court after more than one and half Versus Counsel for Petitioner(s) : Akhilesh Kumar Singh Counsel for Respondent(s) : G.A. Rajvir Singh .....Petitioner(s) State Of Up And 3 Others .....Respondent(s) years. 6. We do not find any good ground to issue any direction in exercise of extraordinary power under Article 226 of the Constitution of India. 7. Present petition stands disposed of with liberty to the petitioner to avail the alternative remedy as may be available to him in law. September 15, 2025 Abhishek CRLP No. 20636 of 2025 2 (Pramod Kumar Srivastava,J.) (Vivek Kumar Birla,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad