SUJAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri V.P. Srivastava, learned senior advocate for the petitioner and learned Additional Government Advocate representing the State. We have also perused the writ petition, supplementary-affidavit, counter and rejoinder-affidavits filed in this writ petition. The case of the petitioner is that he was travelling on a two wheeler Bajaj Discover 125 bearing No. U.P. 70 BP 0658. which was registered in the name of Vinod Kumar Pathak. The petitioner was driving a motorcycle. He was accompanied by his companion Abhijeet Pandey. Around 11.30 a.m. on the way to Varanasi when the petitioner was about 1 km, away from P.S. Mirza Murad, the back wheel of his bike got punctured. As there was a passage between the dividers, he crossed over to left side, which was reserved for the movement of "kanwarias" In order to get the punctured tyre repaired. At that time respondent No. 5 approached him and demanded money for travelling on the wrong side. The petitioner tried to explain that he was an advocate and the circumstances in which he was going on the left side of the road. This only enraged respondent No. 5. who began to assault the petitioner in a shameful manner. He even took the petitioner in custody. His cell phone was seized and it was only returned after the intervention of some subordinate officials. The petitioner then got himself medically examined at Sir Sunder Lal Hospital, Kashi Hindu University, Varanasi and has annexed the injury report dated 14.7.2012.

(2.) In the supplementary-affidavit, he has filed the photograph which corroborates the medical injury report and shows injuries on his legs.

(3.) Respondent No. 5 in his counter-affidavit has denied the allegations and stated that in the month of "sawan" due to heavy flow of "Kanwarias" on the Allahabad-Varanasi road, one side of the road is totally reserved for the movement of the "kanwarias". A few days prior to 14.7.2012 another incident has taken place in which several vehicles were burnt at Bhadohi. The petitioner was illegally travelling on the wrong side of the road, which was reserved for the "Kanwarias". He entered into an argument when he was checked by the constable and insisted that he would only travel on the side reserved for the kanwarias. The petitioner had even paid the penalty of Rs. 100 because he was challaned. The challan dated 14.7.2012 and the payment thereof dated 15.7.2012 are annexed as Annexures-1 and 2 to the counter-affidavit, shows that he admitted his fault.