CONSTABLE CHANDRAPAL SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) A police Constable Chandrapal Singh filed this writ petition for issuing an order for direction in the nature of certiorari quashing the FIR dated 24-1-96 in case Crime No. 7 of 1996 under Sections 223, 420, 468 I.P.C. and Section 29 of Police Act, 1861 P. S. Piswa Distt. Aligarh.

(2.) The copy of the First Information Report dated 24-1-96 Annexure 1 to the writ petition was lodged by Sri V. K. Misra, Superintendent of Police, Khair Distt. Aligarh against Sri. K. P. Singh, S. O. P. S. Piswa,and the petitioner Chandra Pal Singh, besides one Constable Kamal Singh of the same police station.

(3.) The informant Superintendent of Police stated in the First Information Report that Sri K. P. Singh S. O. of P. S. Piswa went to the house of the informant and informed him on 30/08/1995 that notorious criminal Bhura alias Lala s/o Gulab Singh had been arrested along with a stolen motor cycle. He also stated that the accused had disclosed and confessed that he had committed several other thefts and was also stating to get the stolen vehicles recovered. After reaching the said information, the informant himself reached to the police station and interrogated the accused Bhura alias Lala. The said accused on interrogation disclosed that he had committed theft of several vehicles from Districts Bharatpur, Agra and Delhi and took them to the local area of PS Piswa. The informant Superintendent of Police directed the Station Officer Incharge of the police Station to proceed and recover the stolen vehicles on pointing out the accused. He also directed the accused be kept in the lock up. On 31st of August, 1995 when the informant made enquiries from the Station Officer, Incharge of PS Piswa, he told that he was dispatching the challan after necessary entries. On 2-9-95 again the Station Officer Incharge of police station went to the informant's residence and informed that accused Bhura alias Lala escaped from the police station along with the handcuffed and rope in between the night of Ist and 2/09/1995. After receiving the said information, the informant made enquiries and found that at the time of the escape by the accused in custody, Constable Kamal Singh was on sentry duty and constable Chandrapal Singh was in the office on duty. The perusal of the record of the police station shows that there was no entry of admission of Chandrapal Singh accused at the police station and also there was no mention in the records about the escape of the such accused from the police station nor there is any entry in the general diary or any record that there was any shortage of handcuff and the rope, instead an entry was made in the record of the general diary of the police station that there was some encounter in which accused Bhura ran away and the recovery of the motor cycle was shown. The reports stated that the Station Officer Sri K. P. Singh, Constable Chandrapal Singh and Constable Kamal Singh were responsible for derelection and performance of their duties and false entries were made in the record showing encounter and no entry about the shortage of handcuff and rope was made in the general diary or any record. In the circumstances, the report was lodged for necessary action.