SURENDRA PAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) SUPPLEMENTARY affidavit filed be taken on record.

(2.) HEARD S/Sri R.K. Gautam and P.K. Singh, learned Counsel for the petitioner, learned A.G.A. for the State and perused the record produced before us.

(3.) THE contention of the learned Counsel for the petitioner is that the petitioner is a junior commissioned officer in Indian Army and is posted in 268 Medium Regiment, Dharamdhara, District Gujarat. His younger son Sunil Kumar Singh was suffering from Kidney trouble. The wife of the petitioner Smt. Rambeti and the petitioner donated their kidneys to him and during this process they were also admitted in the hospital in the years 2003 -2004 at Delhi and in support of his contention, he has drawn the attention of the Court towards Annexure SA -1 to the supplementary affidavit. The further contention of the learned Counsel for the petitioner is that the petitioner was on duty on 22 -2 -2005 at Gujarat, as is evidently clear from Annexure -8 to the Writ Petition/the certificate issued by the Lieutenant Colonel. It was not possible for him to be present in District Firozabad at the relevant time. His further contention is that the petitioner and his family members were disturbed due to the illness of his above -named son and were busy in the treatment. There was no occasion for them to indulge in the alleged offence.