Surendra Yadav vs State Of U.P. And 4 Others
2016 Latest Caselaw 3093 ALL

Citation : 2016 Latest Caselaw 3093 ALL
Judgement Date : 27 May, 2016

Allahabad High Court

Surendra Yadav vs State Of U.P. And 4 Others on 27 May, 2016

Bench: Pradeep Kumar Baghel




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- WRIT - A No. - 25210 of 2016
 
Petitioner :- Surendra Yadav
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Vijay Gautam,Mohammad Fahad
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pradeep Kumar Singh Baghel,J.

The petitioner is selected for the post of Constable in Civil Police. He has not been sent for training on the ground that a criminal case as Case Crime No.486A of 2003 under sections 147, 148, 149, 307, 504, 506 I.P.C. registered at Police Station Kandhrapur, District Azamgarh is pending against him. The said incident has taken place on 25.11.2003 and it is stated that due to pendency of the said criminal case, the respondents have not sent the petitioner on training.

It is contended on behalf of the petitioner that the petitioner has been falsely implicated in the aforesaid criminal case. Except the aforesaid criminal case, no other criminal case has ever been registered against him.

Learned counsel for the petitioner has also invited the attention of the Court to an order passed by this Court in 482 Cr.P.C. application although the parties have initiated the said proceedings for quashing of the criminal proceedings pending pursuant to the said F.I.R.

Learned counsel for the petitioner has placed reliance on a judgement of the Supreme Court in the case of Narinder Singh and others Vs. State of Punjab and another, 2014 LawSuit (SC) 202 wherein according to him, a law has been laid-down that in the certain circumstances compounding of the offence can be done subject to the conditions mentioned therein. He has also 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).

Matter needs consideration.

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

List after expiry of the aforesaid period.

In the meantime, it is provided that the petitioner shall be sent for the training. However, in his appointment letter, it shall be recorded that his appointment shall abide the result of the writ petition

Order Date :- 27.5.2016