SHIV KUMAR VERMA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ashwini Kumar, learned counsel for the petitioners and Sri Manish Goyal, learned Additional Advocate General assisted by Sri S.K. Pal, learned Government Advocate and Sri Ali Murtuza, learned A.G.A. for the State-respondents.

(2.) This writ petition has been filed praying for the following reliefs:

(3.) Briefly stated, facts of the present case are that there was some dispute relating to ancestral property between the petitioners and their family members. In paragraph 3 of the writ petition, it has been stated that some tiff arose between the petitioners and other family members, namely, Rajendra Prasad, Shiv Kumar Verma and Raj Kumar Verma regarding partition of an ancestral land and in apprehension of breach of public peace, the police arrested the petitioners under Section 151 Cr.P.C. on 08.10.2020. A Challani Report dated 08.10.2020 was submitted by the Sub Inspector, Police Station Rohania, District Varanasi to the Sub Divisional Magistrate, District Varanasi under Section 151/107/116 Cr.P.C., which was in printed form and merely name of the petitioners and others, name of village and 'land dispute' have been filled by ink in the aforesaid Challani Report. On receipt of the Challani Report, the Sub Divisional Magistrate registered the case as Case No.624 of 2020 (State vs. Shiv Kumar Maurya and others) and passed the following order on 08.10.2020: