Nidhi Singh vs State of U. P. - 2022 Supreme(All) 289

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(All) 289

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

Advocates Appeared:
For the Petitioner: Nripendra Kumar Dwivedi, Prasanna Dwivedi.
For the Respondent: C.S.C.

JUDGMENT :

1. Heard Mr. Nripendra Kumar Dwivedi, learned counsel for the petitioner and Mr. Asim Mukherjee, learned Standing Counsel for the State-respondents.

2. By means of the present writ petition, the petitioner has prayed for quashing the charge-sheet dated 24th August, 2021 issued by respondent no.4 (Annexure No.6 to the writ petition) and the order dated 31st October, 2021 passed by respondent no.2 (Annexure No.7 to this writ petition), whereby he has been placed under suspension pending departmental inquiry. Further the petitioner has prayed that a direction be issued to respondents not to proceed with the departmental proceedings pursuant to the charge-sheet dated 24th August, 2021 issued by respondent no.4.

3. It is the case of the petitioner that when the petitioner was posted at Police Station-Adampur, District Amroha, a first information report has been lodged by one Roop Kishore, which has been registered as Crime No. 0051 of 2019 under Sections 363, 366 I.P.C. and Sections 7/8 POCSO Act, at Police Station-Adampur, District Jyotibaphuley Nagar. The investigation of the said case was handed over to one Arif Mohammad, Sub-Inspector. Mr. Arif after recording the statements