Sitapur S-I's 'Mysterious' Death | Allahabad High Court Orders FIR, Probe By A Senior IPS Officer Of A Different District

A bench of Justice Vivek Chaudhary and Justice Narendra Kumar Johari directed the Inspector General of Police concerned to ensure that the case's investigation is carried out by a senior IPS Officer of any other district after ensuring compliance with the top court's Lalita Kumari Judgment concerning lodging of FIR.

“More than 03 months have been passed, but neither the inquiry regarding the case of death of the petitioner's husband has reached to any logical conclusion, nor the matter has been investigated by lodging the F.I.R. against the alleged police persons. The matter pertains to unnatural death of a police officer….In view of the above, the writ petition is disposed of with a direction to the Inspector General of Police concerned to ensure compliance of the judgment passed by Hon'ble Supreme Court in the case of Lalita Kumari Vs. Government of U.P. and others; (2014) 2 SCC 1, with regard to lodging of FIR,” the Court directed.

The court passed this order while hearing a criminal writ petition filed by his wife (Geeta Devi) in which she claimed that her husband was devoted to his duty; however, he was murdered as he was opposing the corruption and harassment by the Station House Officer (SHO).

In her plea, she alleged that her husband had sent a WhatsApp message to his son (hours before his death) about the SHO's demands for bribes and his harassment in this regard.

Her counsel submitted that contrary to the claims made by the police that her husband died by suicide, the post-mortem report indicated that the gunshot wound had impacted the left side of his chest and that his internal organs were intact, which suggested that it was a case of murder and not suicide.

It was also alleged that the police conducted the inquest and post-mortem of the dead body without informing the family.

Importantly, the Court was also apprised that though a Committee under the Chairmanship of the Additional Superintendent of Police (South), Sitapur, was formed to inquire about the incident, the inquiry has not yet been finalised and that the higher police officials were trying to linger and only pass the time in the probe.

Lastly, the Court was informed that while the victim's wife had submitted a representation to the Superintendent of Police, Sitapur in April for registration of the FIR of the occurrence, no FIR had been lodged up till now, and even the CCTV Footage of the CCTV cameras, which have been installed and are working continuously 24X7 in the Police Station had not been procured.

Against the backdrop of these submissions, noting that the matter pertained to the alleged murder of an 'honest' police officer by policemen, wherein severe allegations of corruption had been levelled against a responsible officer of the SHO rank, the Court directed a probe into the matter.

The Court also clarified that in case of any further grievance, the petitioner shall have the liberty to approach this Court again.

Counsel for Petitioner: Alok Yadav

Case title – Geeta Devi vs. State Of U.P Thru. Addil. Chief Secy. Deptt. Home Govt. Lko. And Others 2024 LiveLaw (AB) 515

Case citation: 2024 LiveLaw (AB) 515

Click Here To Read/Download Order