Alka Gupta vs State of U.P. Thru. Prin. Secy. Home Deptt. and 4 Others

" 1. Heard Mr. Mohd. Aslam Beg, learned counsel for the petitioner and Ms. Meera Tripathi, learned Additional Government Advocate for the Stateopposite party Nos.1 to 4.

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2. Issue notice to opposite party No.5 returnable at an early date, for which, necessary steps be taken within a week.

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3. Office to proceed accordingly.

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4. By means of this writ petition, the petitioner has prayed for the following reliefs:-

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"(I) to issue a writ, order or direction in the nature of mandamus commanding respondent Nos.2 to 4 to provide immediate and adequate police protection to the petitioner and her family members at their residence situated at House No.358/71 Biharipur, Police Station-Sadatganj, District-Lucknow and also direct respondent Nos.2 & 3 to take immediate legal action and register a criminal case against respondent No.5 in accordance with law, including preventive measures and ensure that the petitioner's possession and peaceful residence are not disturbed and restore possession of the premises to the petitioner from the respondent No.5.

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(II) to direct the Commissioner of Police, Lucknow to monitor the case personally and submit a compliance report before this Hon'ble Court."

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CRLP No. 9893 of 2025

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2

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5. Let the counter affidavit be filed within a period of four weeks.

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6. For the State, the counter affidavit should be filed by the opposite party No.3 i.e. the Deputy Commissioner of Police (West), Kaiserbagh, Lucknow.

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7. List this case on 08.12.2025 as fresh.

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8. If the counter affidavit is not filed by the next date of listing, the opposite party Nos.3 and 4 i.e. the Deputy Commissioner of Police (West), Kaiserbagh, Lucknow and Station House Officer, Police Station-Sadatganj, Lucknow shall appear in person before the Court, on the next date.

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9. Learned Additional Government Advocate shall intimate this order to the opposite party Nos.3 & 4 with expedition. "

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3. In compliance of the aforesaid order, Shri Vipul Kumar Singh, learned A.G.A. has filed personal affidavit of Shri Vishwajeet Srivastava, Deputy Commissioner of Police (West), Kaiserbagh, Lucknow, the same is taken on record.

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4. In paragraph no.7 of the personal affidavit, the fact has been categorically indicated that the concerned revenue officers/officials has filed an application before the Court concerned seeking to provide appropriate police force, so that appropriate action may be taken against opposite party no.5. In paragraph no.10 of the personal affidavit, the criminal history of opposite party no.5 has been indicated. In the aforesaid criminal cases, charge sheet has been filed against the opposite party no.5.

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5. As per office report dated 08.12.2025, the opposite party no.5 is not traceable, therefore, the notice could not be served upon him.

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6. Notably, the opposite party no.5 is an Advocate, as has been indicated in the array of the parties. If the notice has not been served upon the opposite party no.5, who is an Advocate and the appropriate exercises is underway before the competent authority/Court, it is needless to say that any such action may be taken against the opposite party no.5, strictly in accordance with law.

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7. List this case again on 8th January, 2026, on that date, the opposite party no.3 i.e. Deputy Commissioner of Police (West), Kaiserbagh, Lucknow shall ensure the presence of opposite party no.5 (Arun Kumar Tiwari, Advocate) before this Court and if any appropriate and necessary action is taken in the present matter, the

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CRLP No. 9893 of 2025

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same may be apprised to the Court.

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8. On the next date, opposite party no.3 need not appear in person, however, the opposite party no.4 i.e. Station House Officer, Police Station Sadatganj, Lucknow shall appear in person.

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9. Learned A.G.A. shall intimate this order to opposite party no.3 i.e. Deputy Commissioner of Police (West), Kaiserbagh, Lucknow and opposite party no.4 i.e. Station House Officer, Police Station Sadatganj, Lucknow for its compliance.

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10. In the meantime, petitioner may file reply to the aforesaid personal affidavit, if any.

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December 8, 2025

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Praveen

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(Abdhesh Kumar Chaudhary,J.) (Rajesh Singh Chauhan,J.)

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Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Alka Gupta v. State of U.P. Thru. Prin. Secy. Home Deptt. and 4 Others

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Alka Gupta v. State of U.P. Thru. Prin. Secy. Home Deptt. and 4 Others

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