RAJESH KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Rajesh Kumar Singh, Advocate, in person and Sri R.K.Singh, learned Additional Govt. Advocate appearing on behalf of the State and respondent No. 6 Indrajeet Chaturvedi, SHO, Police Station Kotwali (Sadar) District Allahabad.

(2.) This petition has been filed by Sri Rajesh Kumar Singh, Advocate with the prayers to :

(3.) The facts, in brief, of this case are that the petitioner is a practicing Advocate of this Court bearing Registration No. U.P.B.C. 6848/1999 and he is enrolled as Member of the High Court Bar Association, Allahabad. On 18.6.2012, at the request of Sri Arvind Kumar Srivastava Advocate the petitioner went to police station Kotwali Allahabad along with Sri Arvind Kumar Srivastava , Ram Kirti Singh and Sri Sunil Kumar Advocates at about 11.30 A.M. in respect of detention of Sri Ashok Kumar Srivastava, brother in law of Sri Arvind Kumar Srivastava Advocate and made an inquiry about his detention, it was replied by lady Police Sub Inspector that a complaint has been made by wife of Sri Brijesh Kumar Srivastava, the younger brother of Sri Ashok Kumar Srivastava that Sri Brijesh Kumar Srivastava has taken away her minor boy, it was also replied by lady Police Sub Inspector that no case was registered against Sri Ashok Kumar Srivastava. After hearing such allegation made by one Smt. Kajal claiming to be the wife of Brijesh Kumar Srivastava, the petitioner was suprised because Brijesh Kumar Srivastava, the younger brother of Sri Ashok Kumar Srivastava was not married and Sri Brijesh Kumar Srivastava was out of station for the last 2 days in usual course of his business because he was working as Dental Technician along with one Dentist Dr. Rajendra Prasad Seth, after hearing such allegation Sri Ashok Kumar Srivastava became apprehended about any unpleasant happening including danger to life of his younger brother Brijesh Kumar Srivastava, thereafter the inquiry was made about Brijesh Kumar Srivastava, his brother Ashok Kumar Srivastava came to the conclusion that he was not traceable and his Cell Phone was switched off, thereafter the suggestion was made to Sri Ashok Kumar Srivastava by the petitioner and his three advocates friends for lodging a missing report at the police station concerned, the petitioner asked Sri Ashok Kumar Srivastava Advocate to leave the Police Station but one lady Police Sub Inspector did not permit the petitioner to leave the police station by saying that Officer-in-Charge of Police Station had gone to interrogate, wait for his arrival she was requested by the petitioner and Sri Ashok Kumar Srivastava that they will come back to the police station after lodging the missing report at the Police Station Attarsuiya, Allahabad, thereafter the petitioner and his advocate friends went to the Police Station, Attarsuiya, where a missing report was prepared by Sri Ashok Kumar Srivastava and it was handed over to the Head Constable for registering the same but it was not registered due to a telephonic message was given by SHO Kotwali, Allahabad. The petitioner and others were requested to wait for arrival of Officer-in-Charge of the Police Station Attarsuiya, in the meantime at about 2.00 P.M. in a police jeep one person not in a police uniform along with two constables came to the police Station Attarsuiya who took Sri Ashok Kumar Srivastava in the custody without disclosing any reason. The petitioner and his Advocate friends were scolded by them , in reply to several legal querries, a person who was not in police uniform claimed to be SHO , Police Station Kotwali, Allahabad, thereafter the petitioner along with Sri Ashok Kumar Srivastava was brought to the police station Kotwali in police jeep. Simultaneously, three advocate friends of the petitioner also came to the police station Kotwali, after intervention of three Advocate friends , the petitioner was released from the police custody and all the four advocates were compelled to leave the premises of police station Kotwali Allahabad. The petitioner reminded the SHO Kotwali about the mandate of Hon'ble Supreme Court as propounded in case of D.K.Basu Vs. State of Bengal, State of U.P., decided on 18.12.1996, then respondent no. 6 Sri Indrajeet Chaturvedi, SHO, Kotwali in a shame ful manner expressed disregard about mandate issued in above case by the Hon'ble Supreme Court , even it was not displayed any where in the police station. The petitioner and his friends were insulted by SHO Kotwali but they were helpless, they came to the High Court Allahabad and moved an application before the Registrar General of High Court Allahabad on 18.6.2012. The petitioner and other 3 Advocate friends felt mental agony and stress due to misbehaviour of respondent no. 6. The respondent no. 6 was exercising his power illegally and arbitrarily by making flagrant violation of direction issued by Hon'ble the Supreme Court in D.K.Basu's case. The respondent no.6, who was not in police uniform made arrest without disclosing any reason for which he was under obligation to disclose . The petitioner and his friends were forcibly taken into custody, thereafter they were asked to leave the premises of police station, subsequently, the brother in law of Sri Arvind Kumar Srivastava Advocate who was released at about 5.30 P.M. for taking his meal was again taken to custody by respondent no. 6 without disclosing any reason. The petitioner was taken into custody forcibly , he was illegally detained for half an hour without any reason, such act done by respondent No.6 was illegal and in arbitrary exercise of powers. The petitioner is suffering from mental agony, thereafter this writ petition has been filed for issuing certain direction so that such type of incident may not occur in future with peace loving citizen of this country, a suitable direction may be issued by instituting an inquiry and respondent no. 6 may be withdrawn from the post of SHO.