RAMESH SINHA, J. - (1.) By means of present petition, the petitioner has prayed for a mandamus directing the respondents to pay damages to the petitioner for custodial torture of the petitioner and assault upon the petitioner and abusing in petitioner by the respondent police official and police constable viz. respondent no. 4 to 8 while in confinement of police from evening of 27.12.2012 till he was sent to the court on 29.12.2012 and for handcuffing of the petitioner and further to take action including penal action against the erring respondents police official and constables (respondent nos. 4 to 8) for custodial torture of the petitioner, assault upon the petitioner and handcuffing of the petitioner.
(2.) Brief facts of the present case are that petitioner is a student of class-XII and was pursuing his studies as a regular student of Sri Krishna Inter College Parshurampur, District Chandauli. His father and uncle were having hotel by the name of Hotel Basant (hereinafter referred to as 'the hotel') at G.T. Road near Roadway Bus Stand in City of Mughal Sarai. In the premises of said hotel a photostat shop also exist and run by them by the name of Khalsa Photostat. The said hotel and business of Khalsa photostat was earlier owned and run by the grandfather of the petitioner, namely, Late Sunder Singh and after his death the same was devolved upon his sons, namely, Satpal Singh (uncle of the petitioner) and Sarbajeet Singh @ Raju Singh (father of the petitioner). The uncle and father of the petitioner jointly reside in their ancestral house situated at 426, Eastern Bazar, Mughal Sarai, District Chandauli.
(3.) In the night of 22/23.12.2012 some police personnel of police station Kotwali, Mughal Sarai, district Chandauli came at the aforesaid hotel and asked the uncle of the petitioner that some persons of the Circle Officer have to stay hence some rooms are required in the hotel immediately. As the hotel was fully occupied and no room was available, the uncle of the petitioner told the police personnel that all the rooms were occupied by the customers, hence it was not possible to provide rooms immediately upon which the police personnel got angry and started hurling abuses and threatened petitioner's uncle and said that you do not know C.O. Saheb, you have not vacated rooms for him now it will be difficult for your hotel to function.;