SURESH CHANDRA SEN Vs. STATE OF U P

JUDGEMENT

(1.) THIS is a petition for issuing a writ in the nature of Certiorari quashing the preliminary enquiry report submitted by the Circle Officer Lalganj and the First Information Report of Crime No. 60 of 1988 Police Station Sairaini district Rae Bareli and the investigation done in pursuance of that First Information Report and issuing a writ in the nature of Mandamus directing the opposite parties not to arrest the petitioners in connection with the aforesaid case.

(2.) A dacoity was committed at the house of one Hari Shanker at village Balampur Police Station Sairaini district Rae Bareli on the night between 29/30-11-1987. The first Information Report was lodged about it by Hari Shanker on 30-11-1987 at the aforesaid Police Station. The case was that 10 or 12 dacoits committed dacoity and they looted cash and ornaments worth Rs. 70,000,/-. Suresh Chandra Sen S. O. Police Station Sairaini who is petitioner no. 1 investigated the case. S. I. Krishna Dev Singh petitioner no. 2 was assisting him in that investigation. S. O. Suresh Chandra Sen arrested two suspects of that case namely Ganga Sagar and Ram Sanehi on 7-12-1987 and recovered some looted property. Ganga Sagar disclosed names of other dacoits who participated in the aforesaid dacoity. On 26-12-1987 some other suspects were also arrested and looted property was recovered from their possession.

(3.) ON the basis of this First Information Report a case under sections 384/218/161 IPC and 5 (2) of the Prevention of Corruption Act has been registered against the petitioners and S. I. Prem Shanker Shukla of Police Station Collectorganj Kanpur. From the allegations made in paragraph 29 of the writ petition it appears that Circle Officer Sanjay Srivastava of Circle Salon District Rae Bareli is investigating the case. The petitioners apprehending their arrest during investigation filed the present writ petition.