DAYA RAM DUBEY Vs. STATE OF U P

JUDGEMENT

(1.) M. Katju, J. Heard learned Counsel for the parties.

(2.) THE petitioner has sprayed for a mandamus directing the respondent Nos. 1 and 2 to take action against guilty police personnel and to pay damages to the petitioner.

(3.) IN our opinion the petitioner should file a civil suit for his claim of damages, as there factual controversies in this case which may require taking of evidence. If the suit is filed, the same shall be decided expeditiously. However, we direct the S. S. P. Varanasi to make an enquiry into the allegations of the petitioner and if they are found correct, action should be taken against the police personnel because such acts tarnish the image of the police.