NARESH PRATAP SINGH Vs. STATE OF U P

JUDGEMENT

(1.) SUNIL Ambwani, J. Heard Counsel for petitioner and learned Standing Counsel.

(2.) PETITIONER was appointed as constable in Civil Police U. P. in 1977 and was posted at Shahjahanpur. A First Information Report was registered on 25-4-2000 at police station Tirwa, District Kannauj as Case Crime No. 65 of 2000 under Section 498-A/304-B, IPC, alleging that petitioner's daughter-in-law was murdered by her husband in which petitioner, his wife and his son had entered into conspiracy. The petitioner was arrested on 26-4-2000. The case was committed to sessions on 1-2-2001 where he did not plead guilty. After recording prosecution evidence in which the father, brother, mother and sister-in- law of deceased turned hostile, the Sessions Judge rejected petitioner's alibi and actuated the petitioner along with his two sons and wife under Section 498-A/304-B, IPC, but convicted them under Section 302/34, IPC. He rejected the story of suicide and found that the deceased was shot by a country made pistol and that the dead-body was left in the house for 2-3 days. All the accused, including the petitioner, were sentenced for life imprisonment by the Sessions Judge, Kannauj by his judgment and order dated 6-3-2002.

(3.) AFTER release on bail, on the strength of the aforesaid order, the petitioner has filed this writ petition for quashing the order dated 17-4-2002 by which he was dismissed from service, on the ground that U. P. Police Regulations do not empower the Superintendent of Police to dismiss petitioner from service without awaiting the result of appeal preferred by the petitioner and the order of dismissal was passed without affording any opportunity and without applying restrictions contained in Regulation 492 and that the order is also violative of Article 311 (2) of the Constitution of India the principles of natural justice. It is further submitted that the Court has given reasons to release the petitioner on bail and that since a criminal appeal in continuation of trial in which petitioner's guilt has not been proved so far, he is entitled to be reinstated in service.