LOKENDRA PAL SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) By means of this petition under Article 226 of the Constitution, the petitioner has assailed the order dated 09.03.2018 passed by respondent no. 4-Inspector General of Police, Moradabad Region, Moradabad and order dated 11.08.2018 passed by respondent no. 3-Additional Director General of Police, Bareilly Region, Bareilly (Annexure Nos. 5 and 9 to the writ petition).

(2.) Briefly, the facts of the case are that the petitioner was sub-inspector in civil police. When he was posted as Station House Officer in District Bulandshahar, he was approached by a lady, namely, Ms. Ruma Chaudhary in connection with a land dispute with her uncle. Upon intervention of the petitioner, the aforesaid dispute was resolved. Thereafter, Ms. Ruma Chaudhary became familiar with the family of the petitioner and won their trust. She took a loan and financial help from the petitioner to continue her studies. According to the petitioner, in the year 2011, Ms. Ruma Chaudhary successfully qualified the examination of constable in U.P. Police. But she still continued to take financial help from the family of the petitioner. Even after 4 to 5 years of service, she refused to repay the loan. It is stated that in October, 2017, the wife of the petitioner filed a complaint case being Case No. 23786 of 2017 (Smt. Geeta vs. Ruma Chaudhary), under Sections 406, 506 I.P.C. against Ms. Ruma Chaudhary. On 23.01.2018, Ms. Ruma Chaudhary, it is submitted as a counter blast, lodged an FIR against the petitioner under Sections 376, 377 and 506 I.P.C. alleging that said offences have been committed from June, 2010 onwards. Again on 09.02.2019, in order to pressurize the petitioner, Ms. Ruma Chaudhary lodged another FIR under Sections 364, 511, 507, 504 and 506 I.P.C. Due to the aforesaid FIR and complaint of Ms. Ruma Chaudhary, the petitioner was placed under suspension vide order 14.02.2018 passed by S.S.P., Moradabad. On 27.03.2018, a charge-sheet was submitted against the petitioner in the FIR dated 23.01.2018. Thereafter, the petitioner is stated to have challenged the charge-sheet by filing Criminal Misc. Application U/S. 482 Cr. P.C. No. 21454 of 2018 and this Court vide order dated 20.06.2018 stayed the further proceedings. It is also stated that in the FIR dated 09.02.2018, a final report was submitted and no protest petition has been filed as yet.

(3.) It is submitted that while those proceedings were continuing, a departmental preliminary enquiry was initiated against the petitioner by the S.P. City, District Moradabad. The statements of Ms. Ruma Chaudhary and the Investigating Officers of the two cases instituted against the petitioner, were recorded by the enquiry officer. The preliminary enquiry report recorded that, prima facie, the allegations made by Ms. Ruma Chaudhary were correct.