High Court of Judicature at Allahabad
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Smt. Shakuntala Jain v. State Of U.P. Thru' Secy. Home & Others - WRIT - C No. 52669 of 2003  RD-AH 466 (27 November 2003)
COURT NO. 34
CIVIL MISC. WRIT PETITION NO. 52669 OF 2003
Smt Shakuntala Jain ------ Petitioner
The State of U.P. & ors. ------ Respondents
Hon'ble Dr. B.S.Chauhan, J
Hon'ble R.C. Pandey, J.
This writ petition has been filed for seeking eviction of respondent nos. 4 and 5 from the premises in dispute, which is in the name of the petitioner, and also for criminal proceedings against that.
This is a dispute between the mother and son and daughter-in-law. There is nothing on record to show that the petitioner owns as a exclusive possession over the property in dispute and the said private respondent nos. 4 and 5 have encroached upon the premises forcibly. No particulars have been furnished, since when the said respondents are occupying the premises and if the F.I.R. has not been lodged at the behest of the petitioner by the police authorities, why she could not approach the appropriate forum under clause 3 of Section 156 Cr.P.C.
Basically, we are of the prima facie view that the matter is of civil nature and petitioner for the appropriate relief should approach the civil court.
We dismiss the petition with the aforesaid observation.
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