Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 10092 of 2019 Petitioner :- Kailash Jaiswal And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Nipun Singh,Rakesh Pande,Ravindra Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Learned A.G.A. has obtained instructions pursuant to the order dated 18.04.2019.
The case of the petitioners is that they have obtained free hold rights of Nazul Land over which a property stood. In that property Trade Tax Department was occupant. Consequently, the petitioner have sought eviction of the occupants and in that proceeding they have succeeded upto Apex Court.
The case of the petitioners is that the District Administration has taken it as a prestige issue and have instituted a suit for cancellation of free hold deed which remains pending. It is their case that a witness of the State made a complaint that the petitioners had threatened him not to depose as a witness in the suit proceedings as a result an F.I.R. was lodged, which was registered as Case Crime No. 0212 of 2019 at Police Station Cantt., District Gorakhpur. According to the petitioners, they have obtained protection order from this Court against arrest in Case Crime No. 0212 of 2019 by filing Criminal Misc. Writ Petition No. 7526 of 2019, which was disposed off by order dated 28.03.2019 thereby providing that no coercive action would be taken against the petitioners in the concerned case till the submission of police report under section 173(2) Cr.P.C. It is the case of the petitioners that while passing the order dated 28.03.2019, this Court had noticed the submission of the learned counsel for the petitioners that the allegation of extension of threat to the witness was highly improbable because the witness had been examined in the Court and he had not stated before the Court that any threat was extended to him.
It is also the case of the petitioners that the District Administration was pressurizing the petitioner no. 2 to deposit her licensed weapon in connection with which the petitioner no. 2 had filed Writ Petition No. 103 of 2019 in which an order was passed on 28.03.2019 thereby providing that the petitioners would have liberty to move an application before the Scrutiny Committee upon which the Scrutiny Committee would pass a speaking order and for a period of 2 weeks the respondent would not insist the petitioners to deposit the fire arm.
It has been submitted that the order dated 28.03.2019 was served upon the concerned authorities.
The grievance of the petitioners is that despite the above protection order, and there being no justification to harass the petitioners, the police personnel on 10.04.2019 arrived at the house of the petitioners in the night, at about 10.00 P.M., and had abused and threatened the petitioners.
With the aforesaid allegations, direction has been sought upon the District Administration and the police not to interfere in the life and liberty of the petitioners.
By order dated 02.04.2019 this Court had required learned A.G.A. to seek instructions.
Learned A.G.A. has obtained written instructions. In Paragraph No. 15 of the written instructions it has been provided that because of the Lok Sabha Elections, the police had visited the house of the petitioners to get the weapon deposited.
The instructions do not specifically deal with the order of this Court passed in Writ C No. 10326 of 2019, dated 28.03.2019, which was in respect of protection provided to the petitioner no. 2 against deposit of the licensed weapon for a period of two weeks.
In view of the above, we deem it appropriate to require the learned A.G.A. to file a detailed counter affidavit of a responsible officer of the police not below the rank of Deputy Superintendent of Police dealing with the averments made in the writ petition.
The counter affidavit be filed within two weeks from today. List this matter on 15th May, 2019.
Order Date :- 26.4.2019 Vibha Singh