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2021 Supreme(All) 423

CHANDRA DHARI SINGH
Constable 2199 (PNO 162806090) Sandeep Kumar – Appellant
Versus
State of U. P. Thru Prin. Secy. Home Lucknow – Respondent


Advocates Appeared:
For the Petitioner: Meenakshi Singh Parihar, A.P. Singh.
For the Respondent: C.S.C.

JUDGMENT :

1. The petitioner has approached this Court challenging the impugned order dated 29.09.2018 by which the Senior Superintendent of Police, Lucknow has dismissed the petitioner from service and the order dated 20.05.2019 by which the representation/ appeal of the petitioner has also been dismissed by the Inspector General of Police (Establishment), Lucknow.

2. Brief facts of the case are that the petitioner was appointed on 02.11.2016 as Constable. When the petitioner was posted as Constable at Police Station Gomti Nagar, Lucknow, an FIR with Case Crime No.1132 of 2018, under Section 302 IPC was lodged on 29.09.2018 at 4:57 hours by one Ms. Sana alleging therein that when she was going to her home along with her colleague Vivek Tiwari in the night, their car was parked near City Montessori School, Gomti Nagar Extension. Two policemen came in front of the car. They tried to go away from there, the police personnel tried to stop the car and thereafter, one shot was fired. However, Vivek Tiwari drove the car but after sometime, it collided with the wall at underpass and then the complainant witnessed that Vivek Tiwari was profusely bleeding from his head. Police came there and

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