MOHD. ARIF KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Sri Arvind Kumar Goswami, learned counsel for the respondents.

(2.) It is submitted by the learned counsel for the petitioner that the petitioner was working on the post of Constable in RAF/CRPF, Allahabad. Petitioner was granted leave by respondents from 20/7/2015 to 29/7/2015 for attending Eid festival with family at his native place and petitioner was required to report for duty on 29/7/2015 (A/N).

(3.) When petitioner was on leave, a first information report dtd. 21/7/2015 being Case Crime No.453 of 2015 was lodged at Police Station Nawabganj under Sec. 302, 201 of Indian Penal Code against unknown persons. In pursuance to the aforesaid first information report, investigation was carried out by the police authorities and the petitioner was found to have been involved in the criminal case. A warrant of arrest was issued against the petitioner on 25/7/2015. Petitioner was placed under suspension by the respondents for having been indulged in a criminal case and warrant being issued against him. Petitioner being afraid of arrest did not report back to his place of employment after the sanctioned leave was over. It is submitted that petitioner was searching for legal remedies in criminal prosecution.