SURESH CHANDRA v. STATE OF U.P. THRU. PRIN. SECY. HOME, CIVIL SECRETARIATE LKO. AND 2 OTHERS
WRIA/4326/2025 · 2025-04-29
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 135332 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 135332 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:24636 Court No. - 18 Case :- WRIT - A No. - 4326 of 2025 Petitioner :- Suresh Chandra Respondent :- State Of U.P. Thru. Prin. Secy. Home, Civil Secretariate Lko. And 2 Others Counsel for Petitioner :- Ramesh Kumar Srivastava Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioner and learned standing counsel for the State-respondents. Learned standing counsel on the basis of the record has submitted that prior to the registration of Case Crime No.702 of 2024, under Sections 8/21(C)/29 of the N.D.P.S. Act, the petitioner was posted as beat incharge at Police Chowki Hatauda Police Station Ram Sanehighat, District-Barabanki. The accused Diwakar Mishra is a wanted accused in that case and is absconding however, no attempt to arrest was made by the present petitioner who was beat incharge of the area in question due to that another incident took place on 24.03.2025 and Case Crime No.146/2025, under Sections 115(2), 109(1), 351(3), 3(5) BNS and Sections 8/21/29 of NDPS Act has been registered on 25.03.2025 against Diwakar Mishra and 5 others. He submits that action has been taken against five police personnels including one sub-inspector, the petitioner and three others out of which two have been placed under suspension. Before taking action, preliminary inquiry is sought to be conducted. The preliminary inquiry has been sought by the Circle Officer of the Barabanki. He submits that it is only because of the fact that deliberately no attempt to arrest the accused Diwakar Mishra and others was done by the petitioner and the other police personnels due to which this recurrence of offence in the year 2025 i.e. Case Crime No.146/2025 has occurred. The charges against the petitioner are serious which if proved may entail major penalty.
Learned counsel for the petitioner has drawn attention of the court towards the pleading made in the writ petition in paragraph 22 and has submitted that at no point of time he was associated with the investigation of the Case Crime No.702 of 2024 which is a basis of the suspension. He was not the investigating officer at any point of time.
Learned standing counsel has submitted that being a beat incharge he could not have been the investigating Officer, his only duty was to try and make an attempt to arrest the accused which has not been done by him in connivance with other police personnels including one sub-inspector. Prima facie, the charge against the petitioner appears to be serious and which if proved will attract major penalty and therefore, no interference is required in the writ petition. The petition being devoid of merits is accordingly dismissed. At this stage, a request has been made by learned counsel for the petitioner to expedite the disciplinary proceedings. In view of above, it is provided that the disciplinary inquiry shall be completed within a period of three months provided the petitioner cooperates in the inquiry.
Order Date :- 29.4.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench