Allahabad High Court
Ram Chandra Patel And 31 Others vs State Of U.P. And Another on 13 February, 2023
Bench: Vivek Kumar Birla, Kshitij Shailendra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 2425 of 2023
Petitioner :- Ram Chandra Patel And 31 Others
Respondent :- State of U.P. and Another
Counsel for Petitioner :- Amrit Raj Chaurasiya,Devesh Kumar Shukla
Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J.
Hon'ble Kshitij Shailendra,J.
Heard Sri Devesh Kumar Shukla, learned counsel for the petitioners, learned AGA for the State and perused the records.
Present petition has been filed seeking following reliefs:-
"I. Issue a writ, order or direction in the nature of Mandamus commanding and directing the respondent no.2 to not to harass unnecessarily and calling the petitioners to the Police Station except when required under the provisions of Cr.P.C.
II. Issue a writ, order or direction in the nature of Mandamus commanding and directing the respondent no.2 to take appropriate action to redress the grievances of the petitioners ventilated in representations dated 30.11.2022, 01.12.2022, 02.12.2022 (as contained Annexure No.2 to this writ petition).
III. To issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
IV. Award the cost of the petition to the petitioners."
Learned counsel for the petitioner submits that arising out of same controversy, similarly situated persons have approached this Court by filing Criminal Misc. Writ Petition No.1621 of 2023 (Sughar Singh and 15 Others vs. State of U.P. and Another), which was disposed of vide order dated 31.01.2023. The said order is reproduced as under:-
"Heard learned counsel for the petitioners and learned AGA for the State.
The instant writ petition has been filed seeking the following reliefs:-
"I. Issue a writ, order or direction in the nature of Mandamus commanding and directing the respondent no.2 to not to harass unnecessarily and calling the petitioners to the Police Station except when required under the provisions of Cr.P.C.
II. Issue a writ, order or direction in the nature of Mandamus commanding and directing the respondent no.2 to take appropriate action to redress the grievances of the petitioners ventilated in representations dated 30.11.2022, 01.12.2022, 02.12.2022 (as contained Annexure No. 2 to this writ petition)."
Heard learned counsel for the petitioners and the learned A.G.A.
The petitioners are either Franchisee Guardians or Agents working on commission basis in various Credit Cooperative Societies, which belong to Sahara Group. Learned counsel for the petitioners has submitted that all the petitioners are working on contractual/ commission basis and they are not beneficiaries to the investments made by the investors in the company/ society but on account of various litigations going on against the Sahara Company, everyday they are subjected to harassment by the local police. The petitioners do not have any criminal antecedents, therefore, the respondents may proceed strictly in accordance with law but there should not be any unnecessary harassment by the local police. It is submitted that regarding their grievances the petitioners have moved detailed representations dated 30.11.2022, 01.12.2022, 02.12.2022, which are pending consideration.
Lastly learned counsel for the petitioners has placed reliance on the order dated 29.04.2022 passed by Co-ordinate Bench of this Court in Criminal Misc. Writ Petition no.2463/2022 (Ajay Kumar Singh and others vs. State of U.P. and others), whereby the writ petition was disposed of asking the competent authority to take all remedial measures and decide the representations filed by the petitioners therein. The said order has been passed considering the judgement passed by Hon'ble High Court of Madhya Pradesh at Gwalior in Writ Petition no.13178/2020 (Manjul Goswami vs. State of M.P.). In this backdrop, it is submitted that representation of the petitioners may be decided in the light of the judgment in Ajay Kumar Singh (supra).
So far as factual and legal aspect of the matter, the same is not disputed by learned A.G.A.
In the facts and circumstances of the case, the writ petition is disposed of in terms of Ajay Kumar Singh (supra). "
Learned counsel for the petitioner further submitted that the present petition may also be decided in terms of the order dated 31.01.2023, which is reproduced hereinabove.
Learned AGA for the State could not dispute the aforesaid facts.
In the facts and circumstances of the case, the writ petition is disposed of in terms of order dated 31.01.2023 passed in Criminal Misc. Writ Petition No.1621 of 2023 (Sughar Singh and 15 Others vs. State of U.P. and Another).
Order Date :- 13.2.2023
Nitendra
