Allahabad High Court Orders CBI Probe Into Alleged 'Fake' Case Registered By UP Police Personnel Against Dalit Family Members

The Allahabad High Court recently directed the CBI to probe a kidnapping case against two persons/accused after they alleged that they were being implicated in false cases at the behest of 35 UP Police Personnel.

The bench of Justice Suneet Kumar and Justice Syed Waiz Mian ordered thus on a Writ plea moved by the Accused petitioners belonging to a Dalit family seeking a fair investigation into the allegedly 'fake' kidnapping case registered against them. 

It was the primary submission of the petitioners that the police officials of District Mathura were instrumental in lodging a large number of fraudulent and false cases, either against the petitioners or his brother so as to pressurize them to compromise in earlier cases.

They further submitted that the present F.I.R. (kidnapping case) had been lodged just to pressurize the petitioners not to press an inquiry report, wherein, 35 police officials have been found, prima facie, guilty of lodging false cases and of stage managing false criminal cases against the petitioners and their brother Puneet Kumar.

"Having regard to the allegations made in the writ petition and the report of the Additional Superintendent of Police (Special Enquiry), Head Quarter Lucknow, it is evident that the police personnel of District Mathura, have been stage managing to lodge false cases against the family members of the petitioner of which notice has been taken by the National Human Rights Commission and SC Commission. In the circumstance, on specific query, learned State Counsel for the State has no objection if the matter is transferred to the C.B.I. for a free and fair investigation," the Court remarked as it transferred the probe to the CBI.

The background of the case

A person named Prem Singh along with another person attempted to kill Puneet Kumar on October 4, 2013. Puneet's mother Maya Devi complained to the police about this incident, however, instead of registering an FIR, the police officials filed a false case against Puneet's brother Sumit Kumar (petitioner no. 1) under Section 151, 107, 116 Cr.P.C. Thereafter, the petitioners' mother Maya Devi filed an application under section 156(3) Cr.P.C., on the basis thereof, a case was registered.

Aggrieved by this, police officials, in connivance with the accused persons, lodged another F.I.R. under sections 323, 504, 506, 452, 354 I.P.C., against the petitioners, their brother, and their mother. Pursuant to this, the mother of the petitioners, aggrieved by the conduct of the police officials lodging false cases, approached the National Human Rights Commission, New Delhi, and on the directions of the Commission, in August 2016, a case was registered under Section 166-A, against Surendra Singh Yadav, Station House Officer, Police Station Highway, Mathura, and Sub-Inspector Netrapal Singh.

Now, in January 2018, Puneet Kumar, brother of the petitioners, along with one auto driver was taken into custody by Special Operation Group (SOG) personnel and a case was lodged under Section 4/25 Arms Act and certain other sections of the IPC.

The petitioners approached the National Commission for Schedule Castes, U.P. Lucknow and on August 03, 2020, the Commission directed the Special Enquiry Cell to hold an enquiry with regard to the involvement of police personnel in respect of the incident dated 10.01.2018, pursuant to which Puneet Kumar, brother of the petitioners was illegally detained and later on implicated in false serious cases.

Prem Singh, Additional Superintendent of Police (Special Enquiry), Head Quarter Lucknow submitted a report finding the named police personnel involved in detaining illegally Puneet Kumar and implicated him in false cases and submitting a false charge sheet in connivance with the Senior Supervisory Officer.

However, when no action was taken on this report, the brother of the petitioners again approached the SC Commission, consequently, SC Commission sought information from the Director General of Police, U.P. Lucknow, as to whether any action was taken on the report.

Immediately thereafter, the petitioners allege, that the impugned F.I.R. under Sections 363, 366 I.P.C. was registered at the instance of the complainant against unknown persons, and during the course of the investigation, it is alleged that the name of the petitioners surfaced in the commission of the crime on a statement made by the victim under section 164 Cr.P.C.

Therefore, the Petitioners moved the Court seeking an independent probe in the matter.

Taking into account the facts of the case, the Court observed that since no action had been taken pursuant to the SC Commission directions and the state counsel failed to specify whether disciplinary actions were initiated against them, the Court went ahead to transfer the probe to the CBI. The matter has been posted for further hearing on November 9,

Case title - Sumit Kumar And Another v. State Of U.P. And 2 Others

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