Allahabad High Court
Shivbachan Singh Yadav vs State Of U.P. And 3 Others on 1 November, 2019
Bench: Pankaj Naqvi, Suresh Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 21006 of 2019
Petitioner :- Shivbachan Singh Yadav
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Sunil Vashisth,Vidhya Shanker Tiwari
Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J.
Hon'ble Suresh Kumar Gupta,J.
Heard Sri Sunil Vashisth, learned counsel for the petitioner and Sri A.K. Sand, the learned A.G.A.
This writ petition is directed against the order dated 24.5.2019, by Senior Superintendent of Police, Gorakhpur, ordering for reinvestigation in Case Crime Nos.325/2016 and 392/2016, under Sections 153-A/295/429/467/468/471/120-B IPC, P.S. Nichlaul, Maharajganj.
Two FIR's were registered, i.e., Case Crime No.325/2016, under Section 295/429 IPC on 17.6.2016 and 392/2016, under Section 295 IPC on 8.7.2016 against 4 unknown accused persons at P.S. Nichlaul, Maharajganj. The local police arrested 4 persons, out of whom accused Jitendra Yadav disclosed the accomplicity of the petitioner, a Sub-Inspector, assigning him a conspiratorial role. The S.P. Maharajganj directed the Circle Officer, Nichlaul to investigate the matter. The Circle Officer on 17.3.2017 submitted a report in favour of petitioner for want of evidence but he requested the Home Ministry for grant of requisite permission to initiate proceedings against the petitioner under Section 153-A IPC which came to be rejected. The S.P. Maharajganj, directed the Addl. Superintendent of Police to further investigate. The State Government on the request of the petitioner, transferred the investigation to Gorakhpur on 13.8.2017 and the S.S.P., Gorakhpur entrusted the investigation to the Crime Branch. The Inspector (Crime Branch) also submitted a report in favour of the petitioner against the petitioner on 6.9.2018 and all the records from Gorakhpur were sent back to Maharajganj. On 12.3.2019, the S.P., Maharajganj requested the S.S.P., Gorakhpur to get the matter further investigated as the A.S.P., Maharajganj had noticed some infirmity in the investigation conducted by the Inspector (Crime Branch). The S.S.P., Gorakhpur under the order impugned, i.e., 24.5.2019 directed the S.P. (Crime) to further investigate. Meanwhile, departmental proceedings were initiated against the petitioners at the behest of the S.P., Maharajganj in which he claims to have been exonerated.
It is submitted by learned counsel for the petitioner that the ongoing further investigation at Gorakhpur is malafidely motivated as repeated reports are being submitted in favour of the petitioner, yet for ulterior motives, the petitioner is being put to harassment coupled with the fact that he already stands exonerated departmentally.
The learned AGA submitted that mere exoneration in a departmental proceeding would not ipso facto exonerate the petitioner in a criminal prosecution. He placed reliance on the decisions of the Apex Court in State of Bihar vs. Purushotam Singh, 2004 SCC Crl. 63 2. Govt. of NCT of Delhi vs. A.K. Tyagi, 2012(3) SCC Crl. 1221.
Considering the rival contentions as also the fact that further investigation is taking place at the level of S.P. (Crime), Gorakhpur, we do not find any good ground to interfere at this stage.
The writ petition is dismissed.
However, we hope and trust that S.P. (Crime), Gorakhpur shall fairly and impartially conclude the ongoing investigation, as expeditiously as possible.
Order Date :- 1.11.2019
Chandra
