[49 Criminal Cases 'Wrongly' Imposed On A Man In 23 Yrs] "Not Expected From UP Police": Allahabad HC Summons DGP

The Allahabad High Court recently took note of a case related to a man against whom 49 cases were registered by the Uttar Pradesh Police over a span of 23 years and directed for the presence of the Director-General of Police, Uttar Pradesh before the Court.

Observing that it is not expected from the U.P. Police, the Bench of Justice Vivek Kumar Singh further noted that such callous action cannot be imagined from the officers of the disciplined force.

The background of the case

The Court was dealing with the bail plea of one Gaurav @ Gaura in a case registered against him NDPS Act. Hearing the case on October 4, 2021, the Court had sought an exhaustive report regarding his criminal antecedents and the basis of his implication in criminal cases. 

The Court had called for this report after it was submitted by the applicant that 49 cases had been registered against him malafidely by the police of Police Station Khatauli, Muzaffar Nagar, however, the said report was not submitted by the UP Police, therefore, the Court took into account the criminal chart submitted by the applicant's counsel.

Importantly, in this regard, a complaint was made by the applicant to Human Rights Commission and it had imposed costs upon the Police Authorities and awarded it in the applicant's favour.

Lastly, it was submitted that in 49 cases, either they turned out in either acquittal or notices were withdrawn and in some applicant is on bail or on anticipatory bail or the name of the applicant has been wrongly been mentioned.

Court's observations 

The Court, at the outset, observed that it failed to understand the working of the Police of the concern police station that how the cases said to have been wrongly imposed on a person that too not once, it happened repeatedly in the present case.

"For a citizen term 'Police' is a sense of protection, relief, peace and tranquillity and under its auspices he walks and sleeps fearlessly. However, if his protection shield finds pores, the belief is devastated. Police is one of the wings of disciplined forces which have been set up for the safety and security of the public at large," Court added.

Further, noting that though there is no mechanism to forecast involvement or implication, however, finding it proved that someone's life has been spoiled because of ill-intention, it needs to be dealt with strictly, the Court observed that the day passed never gets back and if it is darkened it becomes hard to live life with the basket of allegations.

Lastly, stressing that such inexplicable business of police is fraught with obstinacy and dangerous outcomes which shows it has gone haywire, the Court decided not only to consider the applicant's bail application but to call upon the higher authorities to calibrate and ponder over the veracity in applicant's case on peculiar facts.

Therefore, the Director-General of Police, U.P., Lucknow and Senior Superintended of Police, Muzaffar Nagar are directed to ensure their personal presence before the Court on the next date [December 13] to assist the Court.

Case title - Gaurav @ Gaura v. State of U.P.

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