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Neutral Citation No. - 2025:AHC:84148-DB Court No. - 39 Case :- WRIT - C No. - 40097 of 2024 Petitioner :- Mahatab Singh Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Sandeep Mishra Counsel for Respondent :- C.S.C. Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J.
1. Pursuant to direction in our order dated 13th May, 2025, the writ petition has been called on at 10.00 AM. Mr. Sandeep Mishra, learned advocate appearing on behalf of petitioner files objection to affidavit dated 12th May, 2025 affirmed by respondent no.4, the Station House Officer. He submits with reference to our earlier
order dated 29th April, 2025, the affidavit was to have been filed by those four police personnel, who were deputed to go to his client's house on 15th November,
2024. A paragraph from said order dated 29th April, 2025 is reproduced below. "Be that as it may, those four police personnel are to file affidavit, to take this Court into confidence as to what transpired on 15th November, 2024 when they were deputed to petitioner's house and had interacted with him. The affidavit will be accepted on adjourned date, upon advance copy served. Seriousness of the matter prevents us from dispensing with personal appearance of the DCP. The officer is to get the affidavit(s) made ready for filing in Court."
2. He submits, there be direction in terms of prayers 1 and 2. Said prayers are reproduced below. "1. issue a writ, order or direction in the nature of mandamus, commanding and directing the respondent no. 2 to constitute the enquiry committee and take necessary legal action in accordance with law against the respondent no.3 and 4 for illegally detaining the petitioner at his house (House Arrest) forthwith. 2. issue a writ, order or direction in the nature of mandamus, commanding and directing the authorities concerned to award compensation for detaining the
petitioner illegally at his house (House Arrest)."
3. Mr. Ambrish Shukla, learned advocate, Additional Chief Standing Counsel appears on behalf of State and submits, direction in our aforesaid order dated 29th April, 2025 was carried out. Respondent no.4 has affirmed the affidavit bona fide, making statements on oath. Reproduced below is paragraph 14 from said affidavit dated 12th May, 2025 of respondent no.4. "14. That it is most respectfully submitted that the act of the answering police personnel is Bonafide in nature to ensure the peace and safety of the visit of the Hon'ble Administrative Judge and no harm was ever made against the petitioner. But if any act of the police personnel has hurt the sentiments of the petitioner the answering police personnel are seeking unconditional apology to the petitioner and with highest regards to the majesty, tender's unconditional apology for the inconvenience caused to this Court by any act of them."
4. Petitioner in paragraph 34 of the objection dealt with above reproduced paragraph 14. The paragraph is reproduced below. "34. That the contents of paragraph no.
14 of Personal Affidavit are wrong hence denied as the act of the police personnel were not bonafide in nature as they were working on the oral instruction of the District Judge, Agra as the main reason for putting petitioner under House Arrest is to deprive him from meeting the Hon'ble Administrative Judge, so that he cannot made any complaint regarding the irregularities prevail in the District Court, otherwise in the entire career of the petitioner, he was never put under house arrest and also the culture of visit of Hon'ble Administrative Judge in the District Court is prevail from the decades, but the petitioner was never put under house arrest on any on the prior occasion and also no evidence is present on record against the petitioner that he was involved in any kind of protest prior to the date on which he was put under house arrest & also the petitioner is not ready to accept apology tender by the respondents as the reputation of the petitioner, who is a Senior Citizen and also practicing in District Court, Agra since 43 years, has been demolished and by written simply an apology, cannot bring back his reputation, which was damaged by the Act of the Police Personnel, it is a matter of constitutional right, which has been curtailed by the police." (emphasis supplied)
5. We understand petitioner's grievance to be, he was prevented from meeting the Administrative Judge on 15th November, 2024 as he says he was kept in house arrest. Petitioner has liberty to state his grievance and enclose website copy of this
order as addressed to the Administrative Judge through Registrar (Inspection). Copy of this order be also communicated by the Registry to Registrar (Inspection) and the District Judge, Agra. Upon Registrar (Inspection) receiving grievance of petitioner for attention of the Administrative Judge, it is to be laid before His Lordship for perusal and action to be taken, if any. We reiterate our observation made, recorded in order dated 13th May, 2025 that proceeding initiated against the four police personnel need be dropped immediately.
6. With above directions, the writ petition is disposed of.
Order Date :- 20.5.2025 Gurpreet Singh (Arindam Sinha, J.) (Avnish Saxena,J.) Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad