MOHAMMAD UMAR Vs. INSPECTOR GENERAL OF POLICE

JUDGEMENT

(1.) This is a petitioner's special appeal against an order of Mehrotra, J., dismissing his petition under Article 226 of the Constitution.

(2.) In 1954, the appellant was posted as a Second Officer, at Nagina police station in the district of BiJnor. One Sri Ram Murti Singh was the Station Officer there. On 29-11-1954 Sri Rani Murti Singh made a report In which he alleged; against the appellant that when the appellant had visited village Kiratpur in Nagina Police Station on 27-11-1954 he had attempted to extort money from one Hari Sweeper and his wife Smt. Harro. The two persons had been brought at his, instance to the thana and kept wrongfully confined there in a barrack till they were discovered oh 28-11-1954 in the evening by Sri Ram Murti Singh. On this report being made the Superintendent of Police directed the Circle Inspector, Sri Sardar Singh, to check the report of Sri Ram Murti Singh, and report for further action. He also directed the Station Officer, Nagina, to register a case Under Section 342, I. P. C., but under para 104 of the Police Regulations he directed him not to investigate the same. Sardar Singh submitted his report on 3-12-1954 and reported that the allegations against the appellant were correct. The Superintendent of Police then consulted the District Magistrate on the question whether criminal proceedings should be instituted against the appellant or whether departmental action should be taken against him. It was decided that the appellant should be dealt with departmentally. The Superintendent of Police then started the trial of the appellant Under Section 7, Police Act and charged him with

(3.) The appellant denied the allegations made against him in the charge. He admitted that he had gone to Kiratpur and that Srimati Harroo and her husband Hari had been brought to him at the gher of Nathho chaukidar. He however, said that he found that there was nothing against them and he allowed them to go away. He denied that he wanted to extort any illegal gratification from them or that he got them brought to the thana and kept confined in any barrack. He suggested that his relations with the Station Officer. Sri Ram Murti Singh had been very bad for sometime and he had made complaints against Sri Ram Murti Singh to various persons. There were other complaints also against that officer and he was in the habit of concocting cases against persons. On account of the ill-will that existed between Sri Ram Murti Singh and the appellant the former had somehow arranged for Srimati Harro and Hari Sweeper to be brought to the thana and had made a false report against them.