In a criminal writ petition, the petitioner sought a direction stopping domiciliary visits at odd hours. The Court, noting the search was to trace a wanted son who the petitioner had already disowned in 2022, held no direction was required. The petition was consigned to records.
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Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 2789 of 2022
Petitioner :- Hari Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Gaurav Kumar,Anurag Shrivastava Counsel for Respondent :- G.A.
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Om Prakash Tripathi,J.
This petition has been filed for a direction upon respondentinvestigating authority not to make domiciliary visit in odd hours at the house of the petitioner.
Learned A.G.A. states that petitioner's premises is being searched only to trace out the son of the petitioner against whom first information report has been registered at Delhi in Case Crime No. 181 of 2021.
Admittedly, petitioner's son is wanted in the aforesaid case and neither bail has been granted to him nor he has surrendered. In such circumstances, visits by the investigating authority to trace out the son of the petitioner cannot be taken exception of. Son of the petitioner is, otherwise, wanted in Case Crime No. 433 of 2016, P.S. Nakhasa District Sambhal. Even otherwise, we find from the averments made in the writ petition that the petitioner has disowned his son in the year 2022, whereas, the alleged act of visiting is of the year 2019.
In such circumstances, no direction is required to be issued in the facts of the present case. Writ petition accordingly is consigned to records.
Order Date :- 15.3.2022 n.u.
Digitally signed by NASEEM UDDIN Date: 2022.03.16 14:34:45 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether a direction should be issued to the investigating authority to restrain domiciliary visits at odd hours.
Hari Singh
State Of U.P.
Ashwani Kumar Mishra
Om Prakash Tripathi
As recorded by the court registry
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