2018 Supreme(All) 551
ALLAHABAD HIGH COURT
(Lucknow Bench)
BEFORE : DEVENDRA KUMAR UPADHYAYA AND DINESH KUMAR SINGH, JJ.
ARTI GUJAR ....Petitioner
Versus
STATE OF U.P. AND ANOTHER ....Respondents
(Civil Misc. Writ Petition (M/B) No. 22997 of 2016, decided 23rd May, 2018)
Advocate Appeared:
Dr. Krishna Singh, Ashwani Kumar Agnihotri and Nishant Shukla for the Petitioner; A.G.A., Rishad Murtaza and Vimal Kumar Srivastav for the Respondents.
Headnote:Criminal Procedure Code, 1973—Sections 173(3), 156—Investigation—Transfer to CBI—Murder of Police Inspector—From very inception of investigation, petitioner wife has been expressing her concerns about involvement of high, mighty and politically influential persons and also has been apprehensive of involvement of district police including Chief of District Police—Any investigation conducted by local police will be bereft of having potential of instilling faith and trust in petitioner qua investigation—Decision of Government of India refusing to undertake C.B.I. investigation quashed—CBI directed to conduct investigation. [Paras 25, 29 and 31]
Result: Petition Allowed.
Hon’ble Devendra Kumar Upadhyaya, J.—This petition, filed by the wife of a slain Inspector of U.P. Police, invokes jurisdiction of this Court under Article 226 of the Constitution of India seeking a direction to the Central Bureau of Investigation to conduct free, fair and impartial investigation of Case Crime No. 1081 of 2015, under Section 302 I.P.C., Police Station Kotwali City, District Pratapgarh. A further prayer has been made for issuing a writ in the nature of certiorari quashing the decision of the Government of India refusing to conduct the investigation of the aforesaid crime by the Central Bureau of Investigation despite the consent of the State Government accorded for investigation by the Central Bureau of Investigation as required under Section 6 of the Delhi Police Establishment Act, 1946.
2. The basis of the prayer for investigation by the Central Bureau of Investigation and the factual back-ground thereof have been laid in the writ petition by the petitioner, who has stated that her husband, late Anil Kumar was appointed on the post of Sub Inspector in the U.P. Police in the year 1999 and further that his work and conduct had always been appreciated by the superior officers and it is for this reason that he was given out-turn promotion and was promoted as Inspector and had been made Incharge of various Police Stations in the State. It has also been stated that late Anil Kumar had also served under the Special Task Force.
3. The petitioner has also stated that late Anil Kumar was transferred from Kanpur Dehat to District Pratapgarh on 4.6.2015 and was made Incharge of Police Station City Kotwali, Pratapgarh and further that while being posted as Incharge Inspector at City Kotwali, Pratapgarh, pressure was exerted on him from certain corners to arrest the innocent persons in the locality and he was also threatened that in case he does not succumb to such pressures, he will face adverse consequences, however, the deceased with a view to serve the public, kept on discharging his duties without being influenced by pressures mounted on him despite receiving threatening calls and messages from certain influential persons.
4. The petitioner has also stated in the writ petition that on receiving such threatening calls, he not only informed his immediate superior i.e. Circle Officer concerned but also the Superintendent of Police, Pratapgarh that the threat perception was looming large at him and that if strict action is not taken against the persons extending threats to him, the same would result into some untoward incident. It has further been stated that since no heed was paid to the alarm raised by the deceased Anil Kumar, his apprehension proved true as he was murdered on 19.11.2015.
5. Further submission made in the writ petition is that the deceased Anil Kumar had telephonic conversations with his colleagues which reveal the threats under which he had been living and in case he remained posted in district Pratapgarh, some harm would be caused to him because of the reason that certain influential persons close to the then ruling political party had a clout and these persons have been coercing him so far as the affairs in district Pratapgarh were concerned.
The petitioner in the writ petition has quoted one conversation which the deceased Anil Kumar had with one Parvez Alam on Whatsapp No. 9415909999. The conversation quoted in the writ petition is extracted herein below:
“Bhaiya kal mantri g apne letter pad per likhkar cm se mile the cm ne transfer ko likh diya hai ab aage letter pata hoga to batayenge ..please aap apne level se hi karwa do mujhe lagta hai ki raja bhaiya aage nahi letter jane de rahe hai”
“Bhai namaskar...aaj sp Pratapgarh ne mujhki bulaya tha kaha ki raja ke pro naraj hai aapka nukshan aage tak karenge matri g ke kehkar jo transfer fatehpur karwa rahe ho vo nahi ho payega agar ho bhi gaya to aapko raja reliev nahi hone denge yahi per rakhkar ulti dishi janche karwayenge aur nukshan karen