Heard learned counsel for the applicant.
It is alleged that Satish Kumar Singh S/o applicant, who is said to have absconded while in custody, at the time, when he was being taken from Varanasi Central Jail to Gonda for being produced before the Magistrate. In that respect, case crime No.7/2010 under Sections 222, 223 and 224 I.P.C was registered at Police Station Chaubeypur, district Varanasi. The police had been harassing the applicant, as a result of which, he was forced to file Criminal Revision No.1130 of 2010 assailing the correctness of the order passed under Sections 82 and 83 Cr.P.C against Sri Satish Kumar Singh. The applicant had alleged that he was being unnecessarily harassed by the police. The revision was disposed of by order dated 18.3.10 with a direction that the process under Sections 82 & 83 Cr.P.C may be pressed against the accused, Satish Kumar Singh and not against the applicant who is his father. It is further submitted that the Chief Judicial Magistrate, Varanasi also passed an order on 17.4.2010 following the directions of the High Court. It is further alleged that despite the same, the opposite parties raided the house of the applicant and after attaching, have taken away a large number of items belonging to the applicant from his house.
It is further specifically stated in paragraph no.8 of the affidavit that Satish Kumar Singh was residing separately from the applicant and has his own house in the same village but the opposite party instead of executing the warrant at his residence have harassed the applicant.
Issue notice to the opposite parties fixing fixing 7.7.2010.
Steps may be taken within three days.
It is further provided that the Inspector General of Police, Varanasi Zone, Varanasi shall get an enquiry conducted into the allegations made by the applicant and submit a report before this Court on the next date. The report may be submitted along with an affidavit of an officer, not below the rank of Superintendent of Police .
Opposite party Nos. 1 and 7 shall remain present before this Court.
Copy of this order shall be sent to the Inspector General of Police, Varansi Zone, Varanasi by Sri D.N. Mishra, learned Standing Counsel within three days. A copy of this order may be provided free of cost to Sri D.N. Mishra, learned standing counsel within 48 hours for necessary compliance.
Learned counsel for the applicant may also provide a copy of the contempt application, affidavit along with annexures to Sri D.N. Mishra within 24 hours.
Order Date :- 10.5.2010 SFH