Writ petition facing harassment by police over property linked to a proclaimed offender dismissed upon receipt of written instructions from authorities to the respondents.
None granted. Petition dismissed based on instructions from respondents' counsel; dismissal without prejudice to future remedies.
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Court No. - 40
Case :- WRIT - C No. - 8744 of 2021
Petitioner :- Bharat Singh Chauhan @ Bharat Prasad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Virendra Kumar Yadav Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Jayant Banerji,J.
The instant petition seeks a direction upon the respondents 2 and 3, who are police employees, not to harass the petitioner on account of the last address of the respondent no.4 being that of the petitioner.
Learned Standing Counsel has obtained written instructions from the Additional Police Commissioner, Varanasi.
It appears therefrom that the respondent no.4 is a proclaimed offender. Further, the respondent no.4 happens to be the real nephew of petitioner and the property, where the petitioner resides, was sold by the father of the respondent no.4 to the petitioner vide sale-deed dated 30.08.2007.
It is the specific case of the respondents that to search out respondent no.4, who is a proclaimed offender, the police personnel might have visited the petitioner but not to harass the petitioner.
Be that as it may, in view of the stand taken in the instructions provided to the learned Standing Counsel, we decline to entertain this petition.
The petition is dismissed . Dismissal of the writ petition would be without prejudice to the right of the petitioner in taking recourse to such legal remedies, as he may be advised, against any specific action taken by the respondents against him or his property.
The written instructions provided by the learned Standing Counsel shall be retained on record.
Order Date :- 5.8.2021 Sunil Kr Tiwari
Bharat Singh Chauhan @ Bharat Prasad
State Of U.P.
Manoj Misra
Jayant Banerji
As recorded by the court registry
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