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1957 Supreme(All) 128

MEHROTRA
MOHAMMAD HANIF ASHAN ULLAH KHAN – Appellant
Versus
DEPUTY SUPDT. OF POLICE – Respondent


Advocates Appeared:
S.C.KHARE

MEHROTRA, J.


( 1 ) THIS is an application under Article 226 of the Constitution praying for a writ of prohibition or direction in the nature of prohibition to opposite party No. 2 the Superintendent of Police mirzapur not to proceed with the departmental trial on the basis of the findings arrived at by the learned Deputy Superintendent of Police and on the allegations made in the charge sheet.

( 2 ) THE facts of the case briefly are that the petitioner was enrolled in the IT. P. Police force as a constable in 1938. He was promoted to the post of Head Constable in 1948. In February, 1955 he was Head Constable at Police station Chopan in the District of Mirzapur. According to the petitioner the station officer Chopan became inimical to him and he therefore complained against the petitioner to the Superintendent of Police Mirzapur. The complaint related to two incidents which took place on the 23rd of September, 1954 and the 17th of January, 1955. The superintendent of Police received complaints on the 24th of March, 1955 and the 14th of April, 1955. It is alleged that on the 17th of January, 1955 one Barak Kol of village Chiraulia came to lodge a first information report at the polic








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