Point of Law: No authority can arrogate to itself the power to act in a manner which is arbitrary. It is unfortunate that matters which require immediate attention linger on and man in street is made to run from one end to other with no result. Even in ordinary matters a common man who has neither the political backing nor financial strength to match the inaction in public oriented departments gets frustrated which erodes credibility in the system.

JUDGMENT :

Surya Prakash Kesarwani, J.

1. Heard Sri Arvind Verma, learned Senior Advocate assisted by Sri Jaspreet Singh Rai, Sri Anurag Bajapayee and Smridhi Sharma, learned counsels for the petitioner and Sri Raghvendra Singh, learned Advocate General assisted by Sri Shiv Nath Tilhari, learned A.G.A. for the State – respondents.

2. This writ petition has been filed praying for the following relief:

a) Issue a writ order or direction in the nature of mandamus directing the respondent no.2 and 3 to conduct fair investigation with respect to the events that transpired on the fateful day of 03.05.2021; and

b) Issue a writ order or direction in the nature of Mandamus directing the Respondents to immediately arrest the erring Police Officials and proceed against them departmentally as per Rules, and

c) Issue a Writ order or direction in the nature of Mandamus directing the respondents to conduct free and fair investigation in the present matter and also this Hon’ble Court may graciously be pleased to monitor the investigation so as to secure the ends of justice. and/or

d) Pass any such further order(s) as deemed fit and proper in the facts and circumstances of the case.”

3. Thus, the sole prayer of the petitioner is that a fair investigation be conducted in the matter of incident dated 03.05.2021 with respect to which the petitioner has lodged a First Information Report No.0272/2021 dated 08.05.2021 under Sections 147, 323, 342, 504 I.P.C., P.S. Puranpur, District Pilibhit and the FIR No.0264/2021 dated 03.05.2021, P.S. Puranpur, District Pilibhit lodged by the police. Initially, the police has registered FIR against the petitioner and his family members under Section 147, 149, 188, 269, 332, 353, 427, 504 I.P.C. but subsequently, as per Para-3(xix) of the supplementary affidavit of Sweta Kumari Yadav, Circle Officer, Crime Bareilly, dated 16.07.2021 filed on behalf of Director General of Police, Uttar Pradesh, Lucknow, the names of the other family members of the petitioner namely Satyendra Singh, Harjindar Singh, Sukhvindar Singh and Rajendra Kaur relating to FIR No.264/2021 (lodged by the police) have been dropped and Sections 147 and 149, I.P.C. against the petitioner was also dropped and now the investigation against the petitioner is continuing for offences only under Section 188, 269, 332, 353, 427, 504 I.P.C.

Facts of the Case:-

4. Briefly stated facts of the present case are that according to the petitioner on 03.05.2021, the petitioner along with his mother and two sisters was going from Pilibhit to Lakhim Pur Kheri to pay homage to the departed soul, namely Karam Jeet Singh (brother-in-law) who expired on 02.05.2021. In the way, they were stopped by the police officials at around 9 A.M. at Anaj Mandi, Puranpur, Pilibhit. The police inquired from the victim and family members as to where they are going and also asked to produce papers of the car in which they were travelling. The police officials who stopped the vehicle and made inquiry, were Sub-Inspector Ram Naresh Singh, Sub-Inspector Raees Ahmad and 5-6 constables. According to the petitioner, in sorting out papers relating to the vehicle from the dash board of the car, there occurred some delay which caused annoyance to the policemen who started abusing the petitioner and his family members and when they resisted, they started beating the petitioner of which video clip was also taken. After beating the petitioner and his family members, the police officials forcefully took the petitioner and his family members to the Kotwali Puranpur without assistance of any lady police. Thereafter, the policemen disrobed the petitioner and then tied up on a cot and brutally beaten him for two hours using dandas, fist and leg blows, gave him third degree torture and abused him. Sub-Inspector Ram Naresh Singh along with other police officials, inserted a danda/lathi inside the petition