Court No. - 3
Case :- WRIT - C No. - 26558 of 2020 Petitioner :- Madhu Singh Sengar Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Vijay Kumar Dixit Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Ravi Nath Tilhari,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the respondent nos. 1 to 5 and perused the record.
The prayer in this petition is to direct the respondent no. 5 to provide protection to the petitioner so as comply with the order dated 30.09.2013 passed by Civil Judge (J.D.) Kanpur Nagar in Original Suit No. 91/2013.
From the record, it appears that in Original Suit No. 91/2013, on 30.09.2013, the parties were directed to maintain status quo. There is nothing on record to show that for violation of the status quo order any application under Order 39 Rule 2-A of C.P.C. has been filed either by the petitioner or any other party to the suit. There is also nothing on record that the civil court required police protection to implement its order.
In paragraph No. 13 of the petition, it is stated that some unknown persons have set the premises of the petitioner on fire in respect of which the petitioner approached the respondent no. 5 for registration of the first information report but the same was not registered.
There is nothing on record to show that consequent to non registration of first information report the petitioner invoked the power of a Judicial Magistrate under Section 156 (3) Cr.P.C.
Under the circumstances, keeping in mind that already civil proceedings are pending, we decline to entertain this petition though we leave it open to the petitioner to take recourse to other appropriate remedy, as may be advised. It is also left open to the petitioner to move appropriate application in the pending suit, if so advised.
With the aforesaid liberty, the writ petition is disposed off. Order Date :- 7.1.2021 SY