The Lucknow Bench of the Allahabad High Court has directed an investigation by a senior IPS officer into the ‘mysterious’ death of a police sub-inspector (SI), at the Machhrehta police station in Sitapur.
The Division Bench of Justice Vivek Chaudhary and Narendra Kumar Johari passed this order while hearing a petition filed by Smt Geeta Devi.
The petition has been filed by the petitioner with the following main prayer:- “Issue a writ, order or direction in the nature of mandamus commanding and directing to the opposite parties to ensure lodging the first information report of the petitioner regarding the incident took place on 12-04-2024 at the premises of Police Station – Machhrehta, District – Sitapur, by which the husband of the petitioner found dead in the premises of the Police Station – Chheharta, District – Sitapur, during the services period, in the interest of justice.”
It has been submitted by counsel for the petitioner that the husband of the petitioner was posted as Sub Inspector at Police Station – Machhrehta, District – Sitapur. He was devoted to his duty and has received appreciation certificates twice for the better performance. The Incharge/SHO, Police Station Machhrehata and some other police persons are dishonest persons. The SHO of the Police Station Machhrehata wanted bribes/money from her husband in each and every assigned investigation and arrest, etc. Her husband was not happy with the behaviour of the SHO and on 12.04.2024, he had given a message to his son through Whatsapp, mentioning the demand of illegal money as well as harassment by the SHO, Police Station Machhrehata.
Thereafter, on 12.04.2024 itself some hot talk took place between the husband of the petitioner and the SHO, consequently her husband was murdered by fire from his service revolver. After the death of husband of the petitioner, the Superintendent of Police, Sitapur released a press note on 12.04.2024 that Sub Inspector Manoj Kumar had shot himself in the premises of the Police Station Machhrehta, whereas the deceased had received firearm injury at the left side of his chest/heart. Most of the internal organs were found intact. In the post mortem report the internal organs have been noted as “NAD”, as such, it is not possible in the case of suicide.
Counsel for the petitioner further submitted that the police without informing the family members of the deceased conducted his inquest and sent the dead body for post mortem.
Counsel for the petitioner also submitted that a Committee under the Chairmanship of the Additional Superintendent of Police (South), Sitapur was formed for the inquiry of the above occurrence but the inquiry has not been finalized yet. The petitioner had submitted representation to the Superintendent of Police, Sitapur on 29.04.2024 for registration of the FIR of the occurrence but no FIR has been lodged up till now. Even the CCTV Footage of the CCTV cameras which have been installed and are working continuously 24X7 in the Police Station has not been procured.
The Court observed the matter pertains to the alleged murder of an honest police officer. A serious allegation of corruption has been leveled on a responsible officer of the SHO rank, who is supposed to be an honest and caring officer for the police persons working under him. It has also been doubted that the murder of the deceased has been caused by the police. It has been mentioned in the representation to Superintendent of Police, Sitapur that the death of the deceased has occurred in doubtful circumstances, hence it was necessary for the concerned police officers to lodge the F.I.R and investigate the matter properly.
More than 3 months have 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 FIR against the alleged police persons. The matter pertains to the unnatural death of a police officer. It has been argued that higher police officials are trying to linger and only pass time in the probe of the case.
In view of the above, the Court disposed of the petition with a direction to the Inspector General of Police concerned to ensure compliance of the judgment passed by the Supreme Court in the case of Lalita Kumari Vs Government of UP and others; (2014) 2 SCC 1, with regard to lodging of FIR.
“Further, in that case he will also ensure that the investigation of the case be carried out by a senior IPS Officer of any other district. In case of any further grievance, petitioner shall have liberty to approach the Court again,” the order reads.
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