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Sudesh Kumar Sharma v. State Of U.P. And Others - CRIMINAL MISC. WRIT PETITION No. 6672 of 2005 [2006] RD-AH 12091 (24 July 2006)


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Crl. Misc. Writ Petition No. 6672 of 2005

Hon'ble Sushil Harkauli, J.

Hon'ble G.P. Srivastva, J.

The petitioner was arrested pursuant to an F.I.R., lodged against him under sections 323/506 I.P.C., dated 25.4.2004 i.e., more than two years ago. He alleges that he was produced before the Magistrate in handcuffs without adequate justification for the same. Apparently, in this regard, a complaint was made before the Magistrate and the justification given by the police was that the brother of the accused is a practising lawyer in the District Court and the lawyers got agitated seeing the petitioner arrested because of which the petitioner had to be handcuffed to avoid intervention of the crowd of lawyers. The Magistrate closed the matter with a warning. However, the petitioner was not satisfied and he moved an application before the S.S.P., and the D.I.G., praying that departmental enquiry be initiated against the guilty policemen. Now, he has filed this writ petition seeking production of the report of the departmental enquiry and for being paid compensation. It is alleged in paragraph 6 of the writ petition that the wife of the petitioner Smt. Kiran Sharma is a practising lawyer in the district Court, Moradabad.

Having regard to the overall facts and circumstances of the case and considering the fact that the matter is more than two years old, we are of the opinion that this is not a fit case for exercise of the extra ordinary jurisdiction of this Court. The policemen have already been warned by the Magistrate. No further action is called for.

The writ petition is accordingly dismissed.

Dated: 24.7.2006



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