Kanwal Bharti vs State Of U.P. & 5 Others
2015 Latest Caselaw 4677 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 17021 of 2013
 

 
Petitioner :- Kanwal Bharti
 
Respondent :- State Of U.P. & 5 Others
 
Counsel for Petitioner :- Hemendra Pratap Singh,Ravi Kiran Jain,Shams Vikas
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Arun Tandon,J.

Hon'ble Vipin Sinha,J.

Counter affidavit and rejoinder affidavit filed today are taken on record.

Notice on behalf of respondents no.1, 2 and 3 has been accepted by us.

Issue notice to respondents no. 4, 5 and 6, who may file counter affidavit by the next date. Steps by speed post within a week.

Respondent no. 6, Sri Raghav Mishara, S.H.O. Police Station Civil Lines, Rampur shall file his personal affidavit explaining why it was necessary to arrest the petitioner and to seize his computer. Prima facie, from the FIR, we find that only allegation made is that certain statements were recorded on the facebook account by the present petitioner. The statements recorded in our opinion are innocuous. The FIR appears to be politically motivated.

We direct the Principal Secretary (Home)- respondent no.1 to examine the FIR and explain to this Court as to why action may not be recommended against the SHO concerned and why extraordinary compensation be not awarded to the petitioner for the harassment. He may also explain as to why the computer has not been returned to the petitioner.

List on 17.12.2015.

Order Date :- 26.11.2015

Ashish Pd.