Akaval Bahadur Rai vs State Of U.P. And 2 Others
2022 Latest Caselaw 3850 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 
Case :- WRIT - C No. - 14461 of 2022
 

 
Petitioner :- Akaval Bahadur Rai
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Saurabh Kumar Pandey
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Vivek Kumar Birla,J.

Hon'ble Vikas Budhwar,J.

Heard learned counsel for the petitioner and Sri Ved Prakash Mishra, learned Standing Counsel for the State.

Present petition has been filed seeking following reliefs:-

"i. issue a writ, order or direction in the nature of mandamus directing the respondent nos.2 and 3 not to violate the right of life and liberty of petitioner as provided under Article 21 of the Constitution of India.

ii. issue a writ, order or direction in the nature of mandamus directing the respondent no.3 not to harass the petitioner in any manner in view of G.S.T. No.96 of 2011 (State vs. Bablu @ Yogesh and Others) arising out of Case Crime No.604 of 2010, under Section 3(1) of U.P. Gangster Act, Police Station-Baradah, District Azamgarh pending against son of the petitioner in court of Gangster Act, Azamgarh."

Submission of the learned counsel for the petitioner is that admittedly a criminal case is pending against the son of the petitioner. The petitioner who is old aged person is being harassed by the police.

Learned counsel for the petitioner has relied upon the judgment of this Court passed in Habeas Corpus Writ Petition No.80 of 2022.

The judgment relied upon by the learned counsel for the petitioner has been passed in Habeas Corpus Writ Petition, therefore, in our opinion, the same would not be applicable in the present writ petition filed under Article 226 of the Constitution of India seeking a writ of mandamus.

We also do not find anything from record that any harassment being made. It appears that the police is investigating the matter.

Therefore, we are of the opinion that present writ petition is patently misconceived and is accordingly dismissed.

Order Date :- 23.5.2022

Nitendra