Court No. - 21 Case :- CRIMINAL MISC. WRIT PETITION No. - 9489 of 2010 Petitioner :- Smt. Nagina Devi & Ors. Respondent :- State Of U.P. & Ors. Petitioner Counsel :- V.N. Pandey,V.K. Sharma Respondent Counsel :- Govt. Advocate Hon'ble Sabhajeet Yadav,J.
Hon’ble Bala Krishna Narayana,J.
In pursuance of the earlier direction given by this Court dated 11.6.2010 the
Superintendent of Police, Kushinagar, namely Shri Love Kumar is present in
the Court today.
An affidavit of compliance has been filed today in the Court on behalf of
respondent No. 2 be kept on record.
Respondent No. 2 has stated that he has placed the police personnels at line
and investigation and preliminary enquiry is still going on against them but he
could not point out as to why in such a situation where the First Information
Report under Section 376 IPC against the Police personnels along with other
offences has been lodged and the prosecutrix have stated in their statements
recorded under Section 161 Cr.P.C. against those police personnels regarding
commission of offence under said provisions of IPC, in that situation, still the
Superintendent of Police, Kushinagar is not taking appropriate decision as
provided under Rule 17 (1) (b) of U.P. Police Officers of Sub-ordinate Ranks
(Punishment & Appeal Rules), 1991.
In our opinion, though under the said provision, the appointing authority has
discretion to place the police officer under suspension but the discretion ought
to have been exercised on the basis of material available on record. We have
already indicated in the earlier order that there was sufficient material to take
appropriate action against those police personnel on the basis of the statement
of prosecutrix recorded under Section 161 Cr.P.C. itself.
Since Superintendent of Police, Kushinagar did not take appropriate action,
therefore, he is again directed to take appropriate decision/action in the matter
forthwith and file his affidavit informing the action taken by him on the next
date of listing.
List the matter as part heard on 2.7.2010 before this Court.
Order Date :- 18.6.2010
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