ZAHEER KHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) Petitioner Zaheer Khan has filed this petition under Article 226 of Constitution of India, challenging imposition of penalty of compulsory retirement and orders passed by First and Second Appellate Authority dismissing his appeal.

(2.) During pendency of this petition legal heirs of Zaheer Khan are brought on record.

(3.) Learned counsel for the petitioners submitted that late Zaheer Khan was promoted on the post of Assistant Sub-Inspector (ASI) on 30/11/1987. While he was posted in Police Station Madiyado charge-sheet has been issued against him. As per charges, petitioner had intentionally written incorrect F.I.R. Complainant Maya Bai complained of rape against her on 3/12/2003. Petitioner wrote the F.I.R under Ss. 354 and 456 of IPC and he also changed the time of incident from 8.00 A.M to 11.00 A.M. By doing said act, petitioner has diluted the complaint of Maya Bai. Later on complainant approached SDO(P) and Superintendent of Police.