This court disposed of a writ petition seeking a mandamus against police harassment. Observing that no useful purpose would be served in keeping it pending, the court noted the police's right to investigate but cautioned against unnecessary harassment, without granting specific relief.
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Court No. - 40
Case :- WRIT - C No. - 33492 of 2021
Petitioner :- Shiv Kumar And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rama Shankar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
The instant writ petition has been filed praying for a mandamus commanding the respondents, particularly the police not to harass the petitioners.
The petitioners are all agents in an insurance company named PACL. The said company has stopped working since a long time. The persons who have invested money and obtained insurance policies are not being paid their money. It is admitted in the writ petition itself that the investors are running from pillar to post for getting back their money. They have even approached the Apex Court and the matter is stated to be pending.
On the last date, this Court directed learned standing counsel to obtain instructions in the matter. Learned standing counsel states that despite due intimation, the instructions have not been furnished to him so far.
We are of the opinion that no useful purpose would be served in keeping the matter pending.
In our opinion, in case there is any F.I.R. against the petitioners or investigation is needed in connection with any criminal case, the police has right to take action in accordance with law. At the same time, the police cannot subject the petitioners to unnecessary harassment.
The petition stands disposed of with the above observation.
(Dr. Y. K. Srivastava,J.) (Manoj Kumar Gupta,J.)
Order Date :- 5.1.2022 SL
1 issue framed by the court
Whether the instant writ petition praying against police harassment requires further consideration.
Shiv Kumar And 3 Others
State Of U.P. And 3 Others
Manoj Kumar Gupta
Dr. Yogendra Kumar Srivastava
As recorded by the court registry
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