The Allahabad High Court has handed over to the CBI the investigation into the FIR registered against 35 policemen attached to Mathura’s Highway police station and another related case at the Rasoolpur Police Station in Firozabad.
The Division Bench of Justice Suneet Kumar and Justice Syed Waiz Mian passed this order while hearing a petition filed by Sumit Kumar and Another.
By the writ petition, petitioners seek quashing of the FIR dated 24.03.2022, lodged by the third respondent against unknown persons, registered as Case under sections 363, 366 IPC, Police Station Rasoolpur, District Firozabad. Further, prayer has been made not to arrest the petitioners and to transfer the investigation to the Central Bureau of Investigation, New Delhi.
The issue being raised in the writ petition is that the police officials of District Mathura have lodged a large number of fraudulent and false cases, either against the petitioners or his brother so as to pressurize them to compromise in earlier cases and present FIR has been lodged not to press the enquiry report, wherein, 35 police officials have been found, prima facie, guilty of lodging false cases and of stage managing false crime cases against the petitioners and their brother Puneet Kumar.
The facts of the case is that on 04.10.2013, one Prem Singh and other made an attempt on the life of the petitioners’ brother Puneet Kumar, a complaint was made by the mother of the petitioners. The police officials, instead of lodging FIR, booked the first petitioner under Section 151, 107, 116 CrPC.
Thereafter, petitioners’ mother Maya Devi filed an application under section 156(3) CrPC, on the basis thereof, Case was registered under sections 147, 148, 149, 120-B, 323, 392, 307, 324, 452, 504, 506 IPC, Police Station Highway, District Mathura.
Aggrieved, police officials, in connivance with the accused persons, lodged FIR being Case under sections 323, 504, 506, 452, 354 IPC, at Police Station Highway, District Mathura, against the petitioners, their brother and their mother.
The mother of the petitioners, aggrieved by the conduct of the police officials lodging false cases, approached the National Human Rights Commission, New Delhi (Commission), and on the directions of the Commission on 10.08.2016, Case was registered at Police Station Highway, District Mathura, under Section 166-A, against Surendra Singh Yadav, Station House Officer, Police Station Highway, Mathura, and Sub-Inspector Netrapal Singh.
It is further stated that on 10.01.2018, Puneet Kumar, brother of the petitioners, along with one auto driver was taken into custody by Special Operation Group (SOG) personnel. Petitioners responded by dialling 100 and 112 to the Police Patrolling Party. On 12.01.2018, the brother of the petitioners, namely, Puneet Kumar, came to be arrested in Case under Section 4/25 Arms Act; Case Crime under section 414 IPC read with 41/102 IPC which was later converted to Section 392, 411 IPC. The petitioners belonging to the marginalized section of society (SC) approached the National Commission for Scheduled Castes, UP Lucknow.
On 03.08.2020, SC Commission directed the Special Enquiry Cell to hold an enquiry with regard to the involvement of police personnel in respect of the incident dated 10.01.2018, pursuant to which Puneet Kumar, brother of the petitioners was illegally detained and later on implicated in false serious cases. Prem Singh, Additional Superintendent of Police (Special Enquiry), Head Quarter Lucknow, pursuant to the directions and in compliance of the SC Commission, submitted a report on 06.09.2021, wherein, the named police personnels therein, prima facie, were found involved in detaining illegally Puneet Kumar and implicated him in false cases and submitted false charge sheet in connivance with Senior Supervisory Officer.
It appears that nothing was done in the matter on the report. Aggrieved, brother of the petitioners again approached the SC Commission, consequently, SC Commission, vide communication dated 15.02.2022, addressed to the Director General of Police, UP Lucknow, sought information as to whether any action was taken on the report dated 06.09.2021, submitted by the Additional Superintendent of Police (Special Enquiry). The Director General of Police was directed to submit a report by 15.03.2022. It is alleged that immediately thereafter the impugned FIR being Case under Sections 363, 366 IPC, Police Station Rasoolpur, District Firozabad, was registered at the instance of the complainant against unknown persons and during the course of investigation it is alleged that the name of the petitioners surfaced in commission of the crime on a statement made by the victim under section 164 CrPC.
The Court noted,
In the writ petition, it has been stated that Harvendra Mishra, currently posted at Police Station Ramgarh, District Firozabad, made rigorous efforts to settle the matter by pressurizing the petitioners, and on refusal by the family members of the petitioners it is alleged that he has set up the complainant Rekha Devi and her daughter Manisha, wife of Sunil, to get the present FIR lodged.
It is pointed out that Harvendra Mishra is one of the police personnel, at serial of the report, of having been involved in lodging false cases against Puneet Kumar, brother of the petitioners.
It is further submitted that the alleged documents pertaining to chatting by the victim with the petitioners is in English, whereas, the victim is an illiterate person. Further, she declined to get herself medically examined. Counsel for the petitioners made several submissions which fall within the arena of investigation and are not relevant at this stage.
The Court further noted,
Attention of the Court has been drawn to the communication dated 13.05.2022, issued by the SC Commission, addressed to the Director General of Police, Special Branch Lucknow, wherein, it has been specifically noted that pressure is being mounted upon the petitioners and their family to withdraw the cases and a false and fabricated crime case, the impugned FIR has been lodged.
It is further noted that the complainant (mother of the petitioners), her daughter and family members apprehend threat to their life and property. Accordingly, SC Commission directed that the matter be taken in all earnest and seriousness, further, the delinquent officials be proceeded against in departmental enquiry and action be taken under Section 4 of the Scheduled Castes and the Scheduled Tribes Act.
It is also relevant to take note of the fact that in the companion writ petition (Criminal Misc Writ Petition No 6978 of 2022) complainant of the impugned FIR approached this Court seeking direction for fair investigation. In other words, petitioners in both the writ petitions pray for fair investigation, though from different investigating agencies.
The Senior Superintendent of Police, Firozabad, has filed a personal affidavit, wherein, it is stated that on 09.06.2022, the Inspector General of Police, Agra Range, Agra, passed an order transferring the investigation from District Firozabad to District Agra. It is further stated that pursuant thereof, the Senior Superintendent of Police, Agra, constituted a Team of Crime Branch on 20.08.2022, to enquire into the matter and the details of the investigation.
It is also stated that the I.O suspected a number of accused persons, further, attempts were being made to arrest them. It is further submitted that a non-bailable warrant has been issued against the petitioners, proceedings under section 82/83 CrPC has been initiated, further, it is alleged that petitioners are absconding. It is further stated that attempts are being made to conclude the investigation.
“In the backdrop of the aforenoted facts, the petitioners in both the writ petitions seek fair investigation; 35 police personnel have been held guilty of being involved for lodging false cases and procuring manufactured evidence against the petitioners and their family, however, till date no action has been taken against those officials despite specific direction from the SC Commission. The State Counsel is unable to state as to whether disciplinary proceedings have been initiated against the delinquent police personnel.
Having regard to the allegations made in the writ petition and the report of the Additional Superintendent of Police (Special Enquiry), Head Quarter Lucknow, it is evident that the police personnel of District Mathura, have been stage managing to lodge false cases against the family members of the petitioner of which notice has been taken by the National Human Rights Commission and SC Commission”, the Court observed.
In the circumstance, on specific query of the Court, the State Counsel for the State has no objection if the matter is transferred to the CBI for a free and fair investigation.
“Accordingly:-
(i) First respondent, Principal Secretary, Home, Government of UP, Lucknow, is directed to transfer the investigation of Case under sections 363, 366 IPC, Police Station Rasoolpur, District Firozabad, including, other related cases to the CBI, New Delhi.
(ii) CBI shall register a case and proceed with the investigation.
(iii) The Senior Superintendent of Police, Agra, and the Investigating Officer of Case are restrained from proceeding with the investigation and shall transfer all the related records of the case to the CBI,” the order reads.
The Court has fixed the next hearing of the petition on November 9, 2022.