VIVEK YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) This writ petition is directed against an order of the Deputy Commissioner of Police, Headquarters, Varanasi dtd. 20/7/2024, rejecting the petitioner's claim for appointment as a Police Constable notwith-standing his selection in the Police Constable and Constable PAC (Male) Direct Recruitment, 2015 on ground of unsuitability based on his involvement in a criminal case.

(2.) An Advertisement, bearing No. PRB-1 (82)/2015 was issued on 29/12/2015 by the Uttar Pradesh Police Recruitment and Promotion Board, Lucknow, advertising posts of Police Constables, called the Police Constable and Constable PAC (Male) Direct Recruitment, 2015 (for short, 'the advertisement'). The petitioner, being eligible, applied for consideration of his candidature vide application dtd. 30/1/2026. He was allotted Roll No. 00126183. He sat in the selection test and declared successful, securing 410.73 marks. After the petitioner had already applied, there was an unfortunate incident, where some family members of his were brutally assaulted on 7/5/2016 at Village Ismaliyan, Police Station Cholapur, District Varanasi at about 9.45 a.m. The matter was promptly reported to the Police, but the First Information Report (FIR) came to be registered at 11.00 p.m. on the same day i.e., 7/5/2016 against eight men, to wit, Vishnu son of Ram Pravesh Singh, Anoop Singh son of Ram Asarey Singh, Pyarey Lal Yadav, Surendra Yadav, Suresh Yadav, all sons of Sirahu Yadav, Ram Pravesh Singh son of Markandey Singh, Tunnu Singh son of Nagendra Pratap Singh and Toofani son of Chhakauri Yadav. The aforesaid FIR was registered as Case Crime No. 185 of 2016, under Ss. 147, 148, 149, 307, 308, 323, 506, I.P.C. and Sec. 7, Criminal Law Amendment Act, P.S. Cholapur, District Varanasi. The informant in the FIR was Panchu Yadav son of late Naggu Yadav, a cousin of the petitioner's grandfather. The incident reported through the FIR was one of assault by the accused, all armed with deadly weapons, including fire-arms.

(3.) Once the FIR lodged by the petitioner's family was registered on 7/5/2016, relating to the incident of the day, on the following day, a man from the members of the accused's family, to wit, Ram Dular Yadav son of Sirahu Yadav, that is to say, a brother of the accused, Pyarey Lal Yadav, Surendra Yadav and Suresh Yadav, lodged an FIR relating to the same incident dtd. 7/5/2016, mentioning the time of occurrence as 9.30 a.m. He alleged assault by the nominated accused and the unknown men, naming the petitioner as well amongst the assailants and describing him as Vinod Yadav, an alias for the petitioner, Vivek Yadav. The FIR, last mentioned, was lodged on 8/5/2016 at 9.30 p.m., nearly a day after registration of the FIR lodged by the petitioner's family. This FIR was registered as Crime No. 186 of 2016, under Ss. 147, 148, 149, 452, 323, 427, 307, 324, 308, 336, 504, 506, I.P.C. and Sec. 7, Criminal Law Amendment Act, P.S. Cholapur, District Varanasi. The petitioner says that the FIR lodged against his family was a measure of counter-blast, ultimately having for its object an avenue to coerce the petitioner's grandfather's brother into comprising the criminal case brought by him vide Crime No. 185 of 2016.