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2015 Supreme(All) 256

SUNEET KUMAR
PARAS NATH TIWARI – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
H.L. Pandey, A.C. Srivastava, D.K. Singh, S.D. Ojha, Shakeel Ahamad, Zaheer Hussain and Azhar Hussain for the Petitioners; C.S.C. for the Respondents.

JUDGMENT

Hon’ble Suneet Kumar, J.—Heard Sri S.D. Ojha, learned counsel for the petitioners and learned Standing Counsel for the respondents.

2. The petitioners who are three in numbers are constables, while they were posted in Reserve Police Lines, Chitrakoot in 2008, the petitioners were deputed on 5.8.2008 for producing the accused in special case No. 2 of 2008 before the Special Dacoit Court, Rewa, M.P. The accused Raju Kol, Biran and Mauli were taken in the custody of the petitioners from Banda District Jail, to the Court at Reewa M.P. The accused were produced before the Court on the date fixed, but while returning by train, Raju Kol, one of the accused, escaped from the custody of the petitioners from the running train. F.I.R. was registered as Case Crime No. 59 of 2008, under Sections 23 and 224 of the I.P.C., at Police Station, GRP Manikpur, District Manikpur on 7.8.2008. The petitioners were placed under suspension on 7.8.2008. The Superintendent of Police, Chitrakoot vide order dated 12.11.2008 instituted disciplinary enquiry under rule 14 (I) of the U.P. Police Officers of Subordinate Ranks (Punishment and Appeal) Rules 1991 (hereinafter referred to as ‘Rules’). The charg































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