LAWS(CHH)-2024-3-85

ANJU LAL Vs. STATE OF C.G.

Decided On March 19, 2024
Anju Lal Appellant
V/S
STATE OF C.G. Respondents

JUDGEMENT

(1.) Heard Ms. Sameeksha Gupta, learned counsel holding the brief of Mr. Sajal Kumar Gupta, learned counsel for the petitioners. Also heard Mr. Sangharsh Pandey, learned Government Advocate, appearing for respondents No. 1 to 5/State and Mr. Krishna Tandon, learned counsel, appearing for respondent No. 6.

(2.) The present writ petition has been filed by the petitioners with the following prayers:

(3.) Learned counsel for the petitioners submits that the the petitioner No.1 is a retired school teacher having qualifications of M.A. (English), M.A. (Sociology) and MSW. The petitioner No. 2, is a young aspiring engineer having qualifications of B.E. Civil, MSW and B.Ed. and aspire to be a government servant in her field. The private respondent and petitioners are neighbors sharing a common road and the private respondent encroached the half part of the road. Being aggrieved by the conduct of the private respondent, the petitioner's family knocked on the doors of various revenue authorities and made various complaints and representations. Mr. R.K. Lal, who is the husband of petitioner and father of petitioner No. 1, a retired college professor preferred various complaints and representations before the revenue authorities. She also submits that on 16/9/2023 around 12.30 p.m. the Police Officers of Civil Line Police Station being hand in gloves with the private respondent arrested the petitioners from their place of residence and were taken to the Civil Line Police Station. However, various assertions have been made regarding the legality of the arrest and about the warrant of arrest and under which offence they were arresting the petitioners, but the Police Officers of Civil Line Police Station did not give heed to any of the queries of the petitioners and arrest them arbitrary and illegally.