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2004 Supreme(All) 1807

DEVI PRASAD SINGH
Sanjai Kumar Singh – Appellant
Versus
State of U. P. – Respondent


Advocates:
Counsel for the Petitioner: R. K. Verma and H. R. Singh.
Counsel for the Respondents: C.S.C.

JUDGMENT

Devi Prasad Singh, J.—Heard the learned counsel for the parties.

2. Petitioners father (late) Sheo Kumar Singh was a head constable in the police department. On 2nd December, 1987, while working at Lakhimpur Kheri, when the father of the petitioner had left for District Raebareilly, his whereabouts could not be ascertained by the authorities. A Criminal Case No. 244 of 1987 under Section 302/207, I.P.C. was registered. The apprehension was that he was being killed by some assailants at that time. A charge-sheet was filed under Section 364, I.P.C. Thereafter, Superintendent of Police, Lakhimpur Kheri in compliance of the Government order dated 27.12.1989 declared the father of the petitioner (late) Sheo Kumar Singh as deed and informed the Government by his letter dated 2nd of June, 2001, copy of which has been filed as Annexure-10 to the writ petition.

3. Wife of (late) Sri Sheo Kumar Singh has moved an application in July, 1995, with a statement that after lapse of 7 (seven) years of period, her husband shall deemed to be dead and accordingly, her eldest son being the dependent on his father may be given appointment on compassionate ground. Copy of the letter of wife of (l











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