Chameli Devi v. State of U. P. , through Secretary, Home Department Civil Secretariat, Lucknow
1987-12-18
R.M.SAHAI, U.C.SRIVASTAVA
body1987
DigiLaw.ai
JUDGMENT R.M. Sahai, J. 1. By this petition a direction is sought to opposite parties to remove lock from main gate of the house No. 155/162 situated in Mohalla Daulatpur Mishrikh, district Sitapur. It is alleged that petitioner was unlawfully thrown out of her house by relations of one Om Prakash, who was murdered and in which two sons of petitioner are accused. Petitioner claims that on their forceful eviction in October, 1987 she approached the opposite parties and attempted to file first information report, but it was not recorded. Consequently she lodged report with the superintendent of police, Sitapur on 2nd November, 1987. Since no action was taken even by Superintendent of Police she approached Chief Minister on 4th November, 1987. Immediately thereafter on 6th November, Station House Officer, Police Station Mishrikh put its lock over main gate and prevented petitioner from entering her own house. When petition was presented learned standing counsel was directed to obtain instructions. A counteraffidavit has been filed. Allegations of forceful occupation by oppositeparties is denied. In respect of complaint filed by superintendent of police it is stated that it was on her complaint that deponent of the counteraffidavit, who is A.S.I., Police station Mishrikh was appointed enquiry Officer. According to him, house has been attached under Section 145 Cr.P.C. proceedings as there was apprehension of breach of peace. 2. From what has been stated above it is clear that there is no order of any competent authority directing the police inspector to lock the premises. In report, copy of which has been filed as Annexure 1 to the counteraffidavit, there is no whisper about the apprehension of breach of peace as a result of petitioner's action. Opposite party has drawn inference that in case premises were not put under lock peace may be in danger. Since petitioner has been in occupation of house it was duty, rather responsibility of opposite parties to see that her possession is not disturbed, except in accordance with law. In any case putting of lock does not appear to be justified. In the circumstances this petition succeeds and is allowed. A direction is issued to opposite parties to remove lock and hand over possession of house of petitioner leaving the parties to seek their redress in competent court.