Court No. - 45
Case :- APPLICATION U/S 482 No. - 46637 of 2018 Applicant :- Ram Chandra Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Piyush Sinha,Chandan Sharma Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Learned counsel for the applicant, upon oral request, is permitted to implead the Sub Divisional Magistrate, Bindki, District Fatehpur as opposite party no.4 and also serving the copy of this application on the learned A.G.A.
Heard learned counsel for the applicant and the learned AGA for the State.
The submission is that house of the applicant has been illegally locked by the police without any order under Section 146(1) Cr.P.C. The S.D.M concerned has passed an order dated 22.10.2018 directing the police to remove the lock and submit its report before the Court prior to 29.10.2018.
Learned counsel for the applicant has submitted that as yet police has not submitted report on account of ulterior motives.
In that view of the matter, the Sub Divisional Magistrate, Bindki, Fatehpur is directed to get the order dated 22.10.2018 enforced within a period of three days from date of presentation of a certified copy of this order and direct disciplinary action against the police personnels, who have locked the premises of the applicant and file a counter affidavit giving the details of action taken therein on or before 31st January, 2019.
Issue notice to opposite party nos.2 and 3. List this application on 31st January, 2019.
Learned AGA shall ensure counter affidavit of the Sub Divisional Magistrate, Bindki, Fatehpur is filed by the next date listed.
Order Date :- 21.12.2018 SS