Allahabad High Court: In a petition filed, praying for directing the State to have the CBI or any other independent investigative agency to take over the investigation and prosecution with respect to the complaint regarding assault in Court premises, made by the petitioner and to direct the Investigating agency to conduct the prompt and impartial investigation in first information report (‘FIR’) for offences under Sections 323, 504, 506, 392 of Penal Code, 1860 (‘IPC’), the division bench of Sangeeta Chandra and Narendra Kumar Johari,JJ.has directed the State to inform the Additional Deputy Commissioner of Police of the area concerned of filing of the writ petition and seek instructions with regard to what has been done in pursuance of the FIR lodged by the petitioner. Further, it has asked the Bar Council of Uttar Pradesh to issue guidelines that the Advocates should avoid wearing uniforms outside the Court premises.
In the case at hand, the petitioner is a practicing Advocate and, the opposite parties no. 5 to 20 are also Advocates of the Civil Court. They had assaulted the petitioner in the Civil Court premises and the petitioner had lodged an FIR.
The Court directed the State to inform the Additional Deputy Commissioner of Police of the area concerned of filing of the writ petition and seek instructions with regard to what has been done in pursuance of the F.I.R. lodged by the petitioner.
Further, it directed the Senior Registrar of this High Court to send a copy of this writ petition to the District Judge, Lucknow and seek his comments with regard to the steps taken in pursuance of the letter sent by the petitioner dated 25-09-2023 to preserve the C.C.T.V. footage.
The Court also directed the opposite party no. 4 to inform the Bar Council of U.P. about several cases being filed, alleging Advocates in uniform going to intervene in private property dispute and assisting land mafia in grabbing property of citizens. They usually go to the spot in uniforms. Therefore, the Bar Council of U.P. was aksed to issue guidelines that the Advocates should avoid wearing uniforms when outside the Court premises.
The matter will next be taken up on 28-11-2023.
[Subhanshu Singh v State of UP, 2023 SCC OnLine All 2332, Order dated 07-11-2023]
Advocates who appeared in this case :
Counsel for Petitioner :- Advocate Roshan Babu Gupta
Counsel for Respondent :- Government Advocate ,Subhash Chandra Pandey