Pradeep Kumar vs State Of U.P. And 4 Others
2016 Latest Caselaw 3511 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- WRIT - A No. - 28195 of 2016
 
Petitioner :- Pradeep Kumar
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Abhijit Mishra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pradeep Kumar Singh Baghel,J.

The petitioner has been selected for the post of Constable in Civil Police. His grievance is that while he was on training, he has been falsely implicated in a criminal case which has been registered as Case Crime No. 53 of 2014 under sections 498A, 307, 323, 506 I.P.C. and 3/4 Dowry Prohibition Act.

It is stated that the said criminal case has been stayed by this Court in 482 Cr.P.C. application on 18.04.2016.

Learned counsel for the petitioner submits that no other criminal case has ever been registered against him. He has placed reliance on the judgments of the Supreme Court in the cases of Commissioner of Police and others v. Sandeep Kumar, (2011) 4 SCC 644 and  Ram Kumar V. State of U.P. and others, 2011 (4) ESC 634 (SC), wherein it has been held that the person should be given an opportunity to reform himself and should not be punished on the ground of pendency of the case. He has also bring on record various interim orders passed by this Court.

Matter needs consideration.

Learned Standing Counsel is granted six weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter.

List this case after expiry of the aforesaid period.

In my view, the end of justice would be subserved by issuing a direction upon the respondent no.2 to allow the petitioner to complete the training and till the next date of listing the effect and operation of the order dated 01.04.2016 passed by the Senior Superintendent of Police, Aligarh shall be kept in abeyance.

Order Date :- 14.6.2016

AU