ARUN B.SAHARYA, M.S.A.SIDDIQUI
R. M. TIWARI – Appellant
Versus
COL. ADITYA SINGH – Respondent
( 1 ) THIS is apetition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure seeking relief for the issue of the writ of mandamus to the respondents to pay a sum of Rs. lo lakhs to the petitioner by way of compensation consequential upon the commission of the offence of house trespass by the respondents.
( 2 ) BRIEFLY, stated, the facts giving rise to this petition, are as under: The petitioner is a practising Advocate. On 16. 7. 1993, one Risaldar Chanda Singh, a Junior Commissioned Officer of the President s Bodyguard Unit of the Indian Army, engaged the petitioner to defend him in a departmental proceedings initiated against him by the Military Authorities. According to the petitioner, on 26. 10. 1993, at about 7. 30 P. M. when he reached his house, he found that his office-cum-residence was put under blockade by the respondent Nos. 2 to 8 and 10. He also found two lady A. S. I, alongwith 5 to 6 armed policemen standing on the main door passage of the house causing wrongful confinement to his family members. On being questioned by the petitioner, the police party declared its intention to search his house to
Relied on : Mohan Pandey and another v. Smt. Usha Rani Rajgaria and Ors.
REFERRED TO : Barmah Construction Co. v. State of Orissa
Relied on : D.L.F. Housing Construction v. Delhi Municipal Corporation
REFERRED TO : Mathri v. State of Punjab
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