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Vidyadhar Shukla v. State Of U.P. And Others - CRIMINAL MISC. WRIT PETITION No. 10633 of 2005 [2006] RD-AH 9951 (19 May 2006)


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Court No.3

            Criminal Misc.Writ Petition No.10633 of 2005

Vidyadhar Shukla                                  ....                                      Petitioner


State of U.P. & Another.                       ....                                      Respondents.

         : Present:

(Hon'ble Mr.Justice Amitava Lala & Hon'ble Mr.Justice Shiv Shanker )

: Appearance :

For the Petitioner                                    ....                          Sri Santosh Dwivedi

For the Respondents                               ....                          Sri Niraj Kant Verma,


Amitava Lala,J-  Leave is granted to the learned A.G.A. to return the history sheet record which has been produced here to the concerned police officer which has been done accordingly in presence of the Court.  The petitioner has prayed for closing the alleged history sheet maintained in Police Station Meerganj District Jaunpur by the respondents.  More than 11 years period has been elapsed.  Learned Counsel appearing for the petitioner cited the case reported in 1994 JIC 299(LB) (Guru Bux Singh Bakshi Vs.State of U.P.).  We find there is a justification of citing of this judgement by the petitioner, which is also taken into account by the Court and the time for consideration of the case of the petitioner by the Superintendent of Police Meerganj, District Jaunpur is granted a period of one month from the date of communication of this order by giving fullest opportunity of hearing and by passing reasoned order thereon.  For the purpose of effective adjudication a copy of the writ petition and its annexures can also be treated as part and parcel of the representation.

We have also considered the judgement reported in AIR 1963 SC 1295           ( Kharak Singh Vs. State of U.P. and others).  According to us, this case also gives an impression for the purpose of due consideration about domiciliary visits which is violative of Article 21 of the Constitution, therefore, the surveillance is directed to be discontinued from sunset till sun rise.

Thus, the writ petition is disposed of.

No order is passed as to costs.

     ( Justice Amitava Lala )

I agree.

(Justice Shiv Shanker)



Crl. 10633-05


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