SUMAN SINGH W/O SANJAY PANDEY Vs. STATE OF U P
LAWS(ALL)-2008-12-189
HIGH COURT OF ALLAHABAD
Decided on December 10,2008

SUMAN SINGH W/O SANJAY PANDEY Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

PRADEEP Kant, Shabihul Hasnain, JJ. - (1.) Learned counsel for the State has rightly raised an objection that it is not a case where the police allegedly is interfering for its benefit or for its own cause. It is the specific case of the petitioner that all action is being taken on the behest of one Smt. Vandana Tripathi for her benefit but she has not been impleaded by the petitioner as opposite party. Learned counsel for the petitioner has not been able to satisfy the court that the police is intervening for its own benefit or for its own cause, that being so the writ petition, as it is framed, is not maintainable. Apart from the aforesaid fact if any private person, namely, in this case Smt. Vandana Tripathi is instrumental in taking the assistance of the police and trying to dispossess the petitioner from the house in question, the remedy lies in the civil court, criminal court or any other court by lodging F. I. R. or initiating the proceedings which are permissible under law. The argument of the learned counsel for the petitioner is that in the civil court even if a temporary injunction is granted against Smt. Vandana Tripathi the police would still not be controlled and there is still apprehension that the police will forcibly evict, is absolutely baseless. In case the temporary injunction or any order is passed restraining the private respondent not to interfere in the possession of the aforesaid property and if that interim injunction is not followed or is being violated remedy lies before the court concerned who is competent to punish the authority concerned and is also competent to issue necessary directions to comply the orders and if thereafter as the police acts against the court's order, the court would have full power to punish the guilty officers. We, while declining to entertain this petition at this juncture provide that if the petitioner moves to the appropriate forum and moves appropriate application for interim relief we expect that the court concerned shall consider and dispose of the application for interim relief forthwith without any delay. We do not find any reason as to why the police on its own or otherwise should intervene in a private dispute and why it should force the petitioner to vacate the house. In any case the remedy lies in approaching the civil court or criminal court or by lodging F. I. R. or by initiating criminal appropriate proceedings and if any police officer / officers make such an attempt it is also always open to the petitioner to approach the higher officer of the department. .;


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