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2021 Supreme(All) 830

Rinku Singh – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Shadab Ali.
For the Respondent: C.S.C.

JUDGMENT :

1. Heard learned counsel for the petitioner and Dr. Amarnath Singh, learned Standing Counsel for respondent nos.1 to 3.

2. The petitioner by means of the present writ petition has prayed for the following relief:-

    “(i). Issue a writ, order or direction in the nature Certiorari to quash departmental proceeding under Rule 14(1) of the U.P. Police Officers of Subordinate Ranks (Punishment and Appeal) Rules-1991 related to Case Crime No.109 of 2019, under Sections 392, 406 I.P.C., Police Station-Nagal, District Saharanpur, pending against the Petitioner before Respondent no.3.

(ii). Issue a writ, order or direction in the nature of mandamus commanding and directing the Respondents especially Respondent No.3 not to proceed further departmental proceeding against the Petitioner under Rule 14(1) of the U.P. Police Officers of Subordinate Ranks (Punishment and Appeal) Rules-1991 related to Case Crime No.109 of 2019, under Sections 392, 406 I.P.C., Police Station-Nagal, District Saharanpur, pending before him.”

3. The brief facts of the case are that petitioner is a Police Constable. He was posted in Surveillance Cell G.R.P., Agra. One Mohd. Akhtar lodged an F.I.R. against one Basheer

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