/297/2024 of MOHD. HASNAIN KAMAL Vs STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. GOVT. CIVIL SECRT. LKO. AND OTHERS on 27 November 2025

1. Case called out.

2. No one is present on behalf of the petitioner nor any request for adjournment or pass over has been made whereas Sri Girjesh Kumar Dwivedi, learned A.G.A. for the State is present.

3. This Court had passed following order on 18.01.2024:- "1. Heard learned counsel for the petitioner and learned A.G.A. for the State Respondents.

2. The writ petition has been filed with the following main prayers:- "i. Issue a writ, order or direction in the nature of mandamus commanding the opposite parties not to harass and vigil the petitioner pursuant to the fake and false complaint against the petitioner by the opposite parties, interest of justice; and/or

ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to return the mobile phone of the petitioner, which has been confiscated by the opposite parties without authority of law pursuant to the fake and false complaint."

3. It has been submitted by learned counsel for the petitioner that one Ram Sewak S/o Ram Prasad had encroached upon Gram Sabha Land of Versus Counsel for Petitioner(s) : Ashish Kumar Singh, Shakeel Qureshi Counsel for Respondent(s) : G.A. Mohd. Hasnain Kamal .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Civil Secrt. Lko. And Others .....Respondent(s)

Gata No. 1102 which is reserved for Khalihan. The petitioner's mother is the Gram Pradhan. The petitioner being her representative had, on basis of compliant, conducted an inquiry and found that Ram Sewak had encroached upon Gram Sabha land. The Gram Pradhan i.e. his mother initiated proceedings for removal of encroachment and Tehsildar passed an order against Ram Sewak, being annoyed with the same, he has lodged a false complaint. Such false complaint was initially made to the Superintendent of Police, Behraich, and on the same, the Superintendent of Police, Behraich had directed the Circle Officer, Police Station- Kaiserganj, Behraich has conducted an inquiry and submitted a report, a copy of which has been filed as annexure-03 to the petition.

4. This Court has perused the annexure-03, which is undated and unsigned, it is only a draft report. This Court, therefore, cannot prima facie believe such an undated and unsigned report.

5. Learned A.G.A. for the State Respondents shall seek instructions with regard to why the Anti-terrorist Squad is allegedly harassing the petitioner.

6. List this case on 08.02.2024 as fresh.

7. In the meantime, learned A.G.A. for the State shall file a short counter affidavit bringing on record evidence collected against the petitioner. "

4. Thereafter, this Court had passed following order on 08.02.2024:- "Counter affidavit filed today by the learned A.G.A. is taken on record. Heard. The petitioner has been filed seeking mandamus that he should not be harassed and round the clock vigil should not be kept on him by the police. He also alleged that the police personnel have also taken away the mobile phone of the petitioner and also of his family members whereas on the complaint of the opposite party no. 7 no truth was found and report in this regard is annexed as Annexure-3 yet the ATS is harassing. In response to earlier order of this Court, counter affidavit has been filed by the police of Police Station Kaiserganj, however, there are no instruction from the ATS. Counter affidavit filed by the police concerned accepts the report annexed as Annexure No. 3, according to which complaint was made malafidely against the petitioner. Let learned A.G.A. seek instruction from the ATS in this regard. List on 15.2.2024 as fresh."

5. Thereafter, this Court had passed following order on 15.02.2024:- "Learned A.G.A. has produced before this Court a detailed instructions to say that the Police is not harassing the petitioner. He has also stated in the said instructions that the petitioner is a member of PFI Agent / Member and money has been transferred in his account on several occasions. Let a short counter affidavit be filed on the basis of said instructions. List this matter on 29.03.2024. "

6. In compliance of the aforesaid order, counter affidavit dated 26.02.2024 has been filed by the State disclosing therein in paragraph No.14 that the petitioner is a member of P.F.I. and on account of some input against the petitioner, he was called alongwith his mobile phone and his mobile phone was opened in his presence and seen and the mobile phone was not taken by the police and the petitioner was allowed to go alongwith the mobile phone. It has also been disclosed therein that wife of the petitioner has never been called at the Police Station.

7. Learned A.G.A. also submits that no complaint of any kind has been made by the petitioner or his brother to the Director General of Police, (A.T.S.), Uttar Pradesh or to anybody else. He also submits that the aforesaid counter affidavit was filed on 01.03.2024 but till date no rejoinder affidavit has been filed, therefore, he submits that this petition has been filed on misconceived and baseless grounds.

8. In view of above and since no rejoinder affidavit in reply to the counter affidavit of the State has been filed till date and none is present to controvert the submissions of learned A.G.A., therefore, it appears that either the petition has rendered infructuous or it has lost its efficacy and the petitioner does not want to pursue the same.

9. Dismissed accordingly. November 27, 2025 Saurabh

(Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench