Dismissed

M/S Country Holidays Inn and Suites Private Limited v. Union of India and 5 Others

Allahabad HC8 May 2023CRLP/5774/2023

Case brief

AI extract

What is this about?

The High Court dismissed a criminal miscellaneous writ petition filed by a company challenging an illegal police search. The court held the petition not maintainable because the petitioner submitted a vakalatnama signed by a deponent without an annexed authorized letter, failing to substantiate representation.

What did the court decide?

The petition was dismissed as not maintainable due to insufficient proof of representation.

M/S Country Holidays Inn and Suites… — Constitutional and Fundamental Rights | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:97963-DB

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Court No. - 45

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Case :- CRIMINAL MISC. WRIT PETITION No. - 5774 of 2023

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Petitioner :- M/S Country Holidays Inn And Suites Private Limited Respondent :- Union Of India And 5 Others Counsel for Petitioner :- Devid Kumar Singh,Prateek Rai,Satya Prakash Rai Counsel for Respondent :- A.S.G.I.,G.A.,Manjari Singh

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Hon'ble Vivek Kumar Birla,J. Hon'ble Surendra Singh-I,J.

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Sri Akansh Agarwal, holding brief of Sri Satya Prakash Rai, learned counsel for the petitioner is praying for adjournment.

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Sri Rahul Jail, holding brief of Ms. Manjari Singh, learned counsel for the informant and Sri A.N. Mulla, learned AGA are present.

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In view of the fact that the present petition is continuing on the list of fresh cases as 'as passed over matters', we are not inclined to adjourn the matter.

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Present petition has been filed with the following prayers:

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"(i) Issue a writ order or direction of the appropriate nature declaring the search conducted by a police party, led by SI Vivek Lamba, from P.S. Janak Puri, West Delhi on 3.4.2023 at the premises of the petitioner company located at H-17, Ground, Floor, Sector 63, Noida, Uttar Pradesh as illegal and unconstitutional;

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(ii) Issue a writ, order of direction in the nature of mandamus directing the respondent(s) to take appropriate action law against the police personnel who conducted the illegal search at the premises of the petitioner-company;

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(iii) Issue a writ, order or direction in the nature of mandamus directing the respondent9s) to adequately compensate the petitioner-company, preferably in such terms as this Hon'ble Court may deem fit, for violation of its fundamental right under Article 21 of the Constitution by the illegal search conducted by the police on 03.04.2023;"

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Admittedly, the first information report was lodged at PS Janakpuri, West Delhi and as rightly pointed out by the learned counsel for the informant that although the deponent is claiming himself to be authorized representative of the company, however, no authorized letter has been annexed and the deponent has signed the vakalatnama.

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In such view of the matter, we find that the present petition is not maintainable.

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Present petition is accordingly dismissed as not maintainable.

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Order Date :- 8.5.2023 Abhishek

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Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad

M/S Country Holidays Inn and Suites Private Limited v. Union of India and 5 Others

Case brief

What is this about?

What did the court decide?

M/S Country Holidays Inn and Suites Private Limited v. Union of India and 5 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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