MUNNA LAL TEWARI Vs. STATE OF U P

JUDGEMENT

(1.) MUNNA Lal Tewari (Petitioner in Writ petition no. 440 of 1985), who is sub-Inspector of Police has challenged the order dated 31st August, 1982 by which he has been placed under suspension. On flu same date Rakesh Rai (petitioner in Writ Petition No. 681 of 1985), who is a constable, was also placed under suspension by a separate order and he has also challenged that order.

(2.) IT may be stated that Munna Lal Tewari as also Rakesh Rai along with one Kunwar Pal Singh, another constable, are named accused in Crime case No. 501 of 1982 under Section 342/302/330/161 of the Indian Penal Code, registered at P. S. Kotwali, Sitapur. The allegation against them is that they had committed the murder of one Gajendra Singh. The first information report in that regard is contained in Annexure-1 to Writ Petition No. 440 of 1985. This report is Annexure 2 in Writ Petition No. 681 of 1985.

(3.) MUNNA Lal Tewari had earlier filed Writ Petition No. 4468 in this court which was summarily dismissed on 9-11-1982 by the following order :