Allahabad High Court
Tej Narayan Singh vs State Of U.P. And 4 Others on 20 October, 2020
Bench: Ramesh Sinha, Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 10526 of 2020 Petitioner :- Tej Narayan Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pavan Kumar Srivastava,Sanjay Srivastava Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Samit Gopal,J.
Heard Sri Pavan Kumar Srivastava, learned counsel for the petitioner and Sri Amrit Raj Chaurasia, learned AGA for the State and perused the records. The prayer made in the present writ petition are as follows:-
1- issue a writ or direction in the nature of mandamus directing the Superintendent of Police, Jaunpur to issue necessary order/direction at his level to the local police respondent no.3, 4 and 5 not to harass the petitioners and their family members in exercise of their power to execute warrant of arrest issued against Prashant Singh (accused) u/s 87 Cr.P.C. and ensure their protection of life and property in terms of representation/complaint.
2- issue a writ or direction in the nature of mandamus directing the local police respondent no.3 to 5 to contact Prem Chand father of the accused Prashant Singh alone for the purpose of enquiry/investigation including execution of warrant and attached his property if at all any attachment is made under Section 82/83 Cr.P.C.
Learned counsel for the petitioner submits that the petitioner is a relative of one Prashant Singh who is his nephew. He further states that Prashant Singh is an accused and is involved in four criminal cases, details of which have been mentioned in para no. 5 of the writ petition. It is argued that Prashant Singh is absconding and hence the police is harassing the petitioner on account of the said fact. He is further argued that the police has been visiting the house of the petitioner quite often and even at odd hours and is harassing the petitioner and his children and telling them to disclose the whereabouts of Prashant Singh. He prays that this Court should interfere in the matter and grant the relief as prayed by him.
Learned AGA opposed the prayer made in the present petition and submitted that in the entire writ petition there is no reference and disclosure as to whether the petitioner has approached the Magistrate concerned for ventilating his grievance. It is prayed that the petition is devoid of any merit and the prayers as prayed are totally baseless and the petition be dismissed.
We have heard the learned counsels for the parties and perused the record. From the entire petition it is not evident as to whether the petitioner has approached the Magistrate concerned for ventilating his grievance. On a pointed query to the learned counsel for the petitioner about the same, he denies it and states that he had approached the Superintendent of Police, Jaunpur and filed representation/complaint dated 17.8.2020 and had brought the issue to his notice of which reference is made in para no.16 of the writ petition. We have perused para no.16 of the writ petition and annexure no.7 referred therein as annexed. There is no disclosure as to how the said representation/complaint of the petitioner has been served on the Superintendent of Police. The photocopy of the said representation annexed as annexure no.7 to the writ petition and particularly at page 37 of the paper book appears to be some Whats App message and even in fact it does not mention as to whom it has been forwarded too. While being addressed, the designation of the officer in the said document has been written by hand as Superintendent of Police in Hindi.
In view of the above, we are not inclined to interfere in the matter.
The petition is, accordingly, dismissed.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Samit Gopal, J.) (Ramesh Sinha, J.)
Order Date :- 20.10.2020
Gaurav