Allahabad High Court
GULAMSAJIDversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
The writ petition is dismissed as enforcement of an injunction order lies within the jurisdiction of a competent civil court.
Summary
The petitioner filed a criminal miscellaneous writ petition seeking the enforcement of an injunction order previously granted by a trial court. The petition argued that the High Court should compel the police authorities to enforce the injunction. The Court observed that enforcement of an injunction is a civil matter and must be pursued before a competent civil court, not through a criminal writ petition. Consequently, the Court held that the writ petition was not maintainable for that purpose. The petition was therefore dismissed.
Issues considered
- The petitioner sought enforcement of a trial court's injunction order via a criminal miscellaneous writ petition.
- Whether a criminal court can enforce an injunction order, or if such enforcement must be sought in a civil court.
Subjects
- injunction
- writ petition
- civil jurisdiction
- criminal court
- enforcement of decree
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21280 of 2026
Gulamsajid
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Chandra Bhan Gupta, Mohd. Aqueel
Khan
Counsel for Respondent(s) : G.A.
Court No. - 49
HON'BLE AJAY BHANOT, J.
HON'BLE DIVESH CHANDRA SAMANT, J.
The application made by the petitioner before the police
authorities seeks enforcement of the injunction order granted by
the learned trial Court. The petitioner has an efficacious remedy
elsewhere, as an injunction order is to be enforced by the
competent civil Court in accordance with law.
Accordingly, the writ petition is dismissed.
(Divesh Chandra Samant,J.) (Ajay Bhanot,J.)
September 21, 2026
I.A.Siddiqui
Digitally signed by :-
IMRAN AHMAD SIDDIQUI
High Court of Judicature at Allahabad
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