The Allahabad high court has ordered a Central Bureau of Investigation probe against 35 police personnel for allegedly lodging false cases against members of a Dalit family in Mathura district.
Justices Suneet Kumar and Syed Waiz Mian passed the order on a writ petition filed by Sumit Kumar and his brother Puneet Kumar.
The duo sought quashing of an FIR lodged on March 24 under section 363, 366 IPC at Police Station Rasoolpur in Firozabad and transfer of the investigation to the CBI.
Section 363 of the IPC relates to punishment for kidnapping while Section 366 is concerned with kidnapping, abducting or inducing a woman to compel her marriage, etc.
It is alleged in the petition that police officials of Mathura district lodged a large number of fraudulent and false cases, either against the petitioner or his brother to pressure them to agree on a compromise in other cases.
In an order passed on September 6, the court observed, “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.”
According to the petition, one Prem Singh and others made an attempt on the life of Puneet Kumar on October 4, 2013.
A complaint was lodged by Puneet's mother Maya Devi to the police.
The police officials, instead of lodging an FIR, allegedly booked Puneet's brother Sumit.
Maya Devi then moved court, which ordered lodging of an FIR in the October 2013 incident. On the court's order, police registered an FIR at Police Station Highway, district Mathura.
It is alleged that police officials in connivance with the accused lodged false FIR against petitioners and their mother at PS Highway.
The mother of the petitioners, aggrieved by the conduct of the police, approached the National Human Rights Commission, New Delhi.
On the directions of the Commission, a case was registered at PS Highway, District Mathura, against Surendra Singh Yadav, SHO, and Sub-Inspector Netrapal Singh.
It is further alleged that on January 10, 2018 Puneet Kumar along with one auto driver was taken into custody by police Special Operation Group (SOG) personnel and was later released.
The petitioners approached the National Commission for Schedule Castes, U.P. Lucknow and it directed a special enquiry cell to probe the matter.
Prem Singh, ASP (Special Enquiry), submitted a report on September 6, 2021 where the named police personnel prima facie were found involved in detaining Puneet Kumar and implicating him in false cases and submitting a false charge sheet.
The court directed the Principal Secretary, Home of Uttar Pradesh government to transfer the investigation to the CBI.
The court has fixed November 9 as the next date of hearing and asked the CBI to apprise it of the progress in the matter.
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