TRIBHUWAN NATH TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) We have heard Sri G.S. Chaturvedi learned Senior Advocate for the petitioner and learned A.G.A.

(2.) Through this writ petition the petitioner has prayed for quashing the order dated 30th April, 2003- annexure 1 to the writ petition, passed by the Secretary, Government of U.P. Home (Police), Anubhag 4, Lucknow, addressed to the Director General of Police, U.P. for taking disciplinary action and also to lodge an FIR against the concerned police personnel involved in the incident of police encounter dated 14th February, 2003.

(3.) The facts are that the petitioner is a Circle Officer of police. A police encounter took place on 14th February, 2003 at about 11.30 A.M. in the jungle in village Abhirawa Pali, Police Station Kacaura, District Jalaun in which three persons had received injuries and died. First information Reports were lodged and cases registered with regard to that incident. One Arvind Kumar Bhautik made an application on 6th April 2003 to Sri G.S. Dinkar, M.L.A. Baberu, District Banda. On the basis of the said application the latter wrote a letter to the Chief Minister, requesting that appropriate legal action be taken against the concerned police officials as his relative Jagat Aaurwar was shot dead by the police and was intentionally wrongly identified as Sudhir Nishad and that the said incident was wrongly shown as police encounter. In the ultimate result, some enquiry was conducted by Commissioner of Jhansi Division, who submitted a report, finding certain police personnel including the petitioner to be negligent in duty with regard to the identification of the third dead person, namely, Jagat Ahirwar. As the said letter (Annexure 1) has been issued to the Director General of Police, Lucknow by the Secretary of Government of U.P. Home (Police), the petitioner challenges the same and contends that the same is arbitrary and is meant to harass him. It is also assailed as illegal.