Allahabad HC issues notice to SDM, SHO for sending police to harass petitioner

The Allahabad High Court on Thursday issued notices and sought the reply of Sub‐Divisional Magistrate, Shahganj and Station House Officer Kheta Sarai as to why they harassed omitted petitioners by by sending police t their homes.

The court has directed both officers to file their reply in a personal affidavit on April 26. A single-judge bench of Justice J.J. Munir passed this order while hearing an application U/S 482 filed by ​​Manoj Kumar Yadav.

In this application, it is submitted that the applicant has been challaned under Sections 151/107/116 CrPC. Despite furnishing bail bond and sureties, he is being harassed by police.

It is submitted by the counsel for the applicant that proceedings under sections 151/107/116 Cr.P.C. were drawn against the applicant and order dated December 16, 2020, he was ordered to be released on executing a personal bond of Rs 50,000 and two sureties, each in the like amount.

The applicant furnished, both personal bonds and sureties, but the Sub-Divisional Magistrate, Shahganj, District Jaunpur, in order to deliberately trouble and harass the applicant, sent the sureties for verification to the Tehsildar, Shahganj, District Jaunpur, in consequence of which the applicant remained in jail for a period of three days.

The counsel for the applicant said that there was absolutely no warrant to send the sureties for verification in proceedings under Sections 151 /107/ 116 Cr.P.C. The course of action adopted by the Magistrate wreaks of vengeance and abuse of process of Court.

It is further stated that the applicant, after his release upon verification of sureties, is again being visited by the police and harassed on the directions of the Sub-Divisional Magistrate, Shahganj and others in the local civil and Police Administration.

“Issue notice to respondents returnable on April 26, 2021. On the said date, the Sub -Divisional Magistrate, Shahganj and the Station House Officer, Kheta Sarai, District Jaunpur will disclose on their personal affidavits as to why they are still troubling the applicant by sending the police to his residence and harassing him”, the Court ordered.

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