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2025 DAILYLAW 9607 (ALL)

MOHD SALMAN KHAN v. STATE OF U.P. AND 4 OTHERS

CRLP/1231/2025 · 2025-01-31

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:14317-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 1231 of 2025 Petitioner :- Mohd Salman Khan Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Santosh Kumar Singh Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioner and Shri G.P. Singh, learned A.G.A. for the State respondents. 2. This writ petition is preferred praying for the following principal relief: "i) Issue a writ order or direction in the nature of mandamus directing and commanding the respondent no. 2 and 3 to arrest the respondent no. 4 and 5 in pursuance of bail able warrant has been issued in Session Trial No. 18715 of 2023 (State versus Shafiq and anothers) arising out of Case Crime No. 0271 of 2023 under section 471, 468, 467, 420 IPC Police station Mansoorpur District Muzaffar Nagar. ii) Issue a writ order or direction in the nature of Mandamus to direct the respondent no. 2 and 3 to provide protection to the petitioner / informant and safe the life and liberty of the petitioner." 3. Shri G.P. Singh, learned A.G.A., resisted the relief prayed for and stated that the Cr.P.C. is a self-contained Act, and the process is already underway. The first relief is entirely misconceived, and qua the second relief, it is always open to the petitioner to file an appropriate application before the Senior Superintendent of Police, District Muzaffar Nagar, for providing protection. A three-tier system has been established for this purpose, consisting of the District Level Committee, Divisional Level Committee, and State Level Committee. 4. Considering the factual situation, we are not inclined to entertain the writ petition as qua the second relief it is always open to the petitioner to press an appropriate application in accordance with law before the respondent-Senior Superintendent of Police, District Muzaffar Nagar. 5. With the aforesaid observations, the instant writ petition is disposed of. Order Date :- 31.1.2025 NLY Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad