Court No. - 29
Case :- WRIT - C No. - 25398 of 2018 Petitioner :- Shiva Shankar Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Ashok Kumar Singh,Anoop Singh Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and learned Standing Counsel for respondents nos. 1 to 4.
The petitioner and respondent no. 5 were husband and wife. It is said that their marriage has been dissolved by an ex-parte decree of divorce dated 18.02.2015 passed in Original Suit No. 629 of 2013.
Despite the divorce between them and that respondent no. 5 is living separately elsewhere, the respondent nos. 3 and 4 are pressurizing the petitioner, so as to induct respondent no. 5 in his house and in that connection had detained the brother of the petitioner and had tortured the petitioner brutally.
In this connection, he has filed an application under Section 156(3) Cr.P.C. supported by an affidavit dated 13.07.2018 before the C.J.M., Farrukhabad.
The petitioner in this backdrop has filed this petition seeking a direction upon respondents no. 2 & 3 to restrain respondent no. 4 from harassing him and his family members.
Since the matter arises out of a personal dispute of the petitioner with respondent no. 5 and with regard to harassment caused to the petitioner, he has already filed an application under Section 156(3) of the Act, we do not consider it proper to issue any direction to respondent nos. 2 and 3, but dispose of the writ petition directing the C.J.M., Farrukhabad to consider the petitioner's application under Section 156(3) of the Act in accordance with law and to decide the same most expeditiously, if possible within a period of three months.
The petitioner is at liberty to move afresh before the S.S.P., Farrukhabad if his motorcycle has been detained by respondent no. 5 at the police station without any reason. The S.S.P., Farrukhabad would consider the application in this regard and take suitable action, so as to ensure the release of the motorcycle in the accordance with law. The writ petition is disposed of.
Order Date :- 30.7.2018 Ishan