Waseem Khan Vs the State of U.P. and 5 Others

Neutral Citation No. - 2023:AHC:179902-DB

Court No. - 46

Case :- CRIMINAL MISC. WRIT PETITION No. - 11713 of 2023

Petitioner :- Waseem Khan Respondent :- The State Of U.P. And 5 Others Counsel for Petitioner :- Mohd Aadil Siddiqui Counsel for Respondent :- G.A.,Jawahir Yadav

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Hon'ble Ashwani Kumar Mishra,J. Hon'ble Syed Aftab Husain Rizvi,J.

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Heard learned counsel for the petitioner, Sri Jawahir Yadav, learned counsel for respondent nos. 2, 3 & 6 and learned A.G.A for the State.

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Following prayers are made in the writ petition:-

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"I. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no. 2,3 & 6 not to auction or sell the vehicle of the petitioner.

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II. Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 4 to recover the vehicle.

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III. Issue a writ, order or direction in the nature of mandamus directing the respondents 2, 3 & 6 to refund additional amount of additional 11,00,000 approximately taken from the petitioner and was adjusted in interest of the principal amount."

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There appears to be a private dispute between the petitioner and the contesting respondents for which remedy of the petitioner would lie elsewhere. A writ of mandamus would not be issue for such purposes. In the event it is alleged that some offence has been committed, it would be open for the petitioner to seek appropriate relief before the concerned Magistrate under Section 156(3) Cr.P.C. which will be examined on its own merits and in accordance with law.

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Subject to the observations made above, this writ petition is consigned to records.

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Order Date :- 18.9.2023 RA

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Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad

Waseem Khan v. the State of U.P. and 5 Others

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Waseem Khan v. the State of U.P. and 5 Others

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