Tuesday, August 9, 2022

Allahabad HC grants time to man claiming he was booked in 49 fake cases by Muzaffarnagar police to produce records

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Muzaffarnagar’s Katauli police station personnel have been accused of registering 49 fake cases against a person over 23 years, a petition in the Allahabad High Court said.

In response, the Uttar Pradesh DGP and the Muzaffarnagar SSP said in an affidavit that the claim of the petitioner is not true and said documents in support are against the claims made in the petition. The single-judge bench of Justice Vivek Kumar Singh has given time to the advocate of petitioner Gaurav @ Gaura to file a reply while hearing the Criminal Misc Bail Application.

The DGP sought exemption from personal appearance pursuant to the order of the High Court dated November 9, 2021 via an exemption application filed by the State Counsel along with a separate affidavit of compliance and both were taken on record.

Manish Goyal, Additional Advocate General, tendering unconditional apologies has very fairly acceded failure of Government Advocate’s office in communicating the order of the Court dated October 4, 2021 to the State authorities.

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He submitted that the applicant has placed an erroneous chart of cases and it does not bring forth the real picture and conduct of the applicant which had been the cardinal premise of the Court’s order calling out the Police Authorities.

The AAG sought exemption for the DGP in view of the Prime Minister’s visit to Varanasi and submitted that the SSP, Muzaffarnagar, who is present in the Court, being the senior-most officer of the District, shall provide adequate assistance to the Court regarding rationale in imposition of criminal cases against the applicant after awarding costs by Human Rights Commission in his favour.

Prem Prakash, Additional Director General of Police, Prayagraj Zone, Prayagraj was also present. “The State functions as a safeguard of citizens on all fronts, thus, heavy-handed exercise of powers resulting in unforeseen situations which comprehend mischief to lives call for interference of the Court,” the judge said.

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The Court stated that the court discerned it difficult eschewing from considering such circumstances. Mentioning the status of a few cases in the chart as untrue does not render the applicant’s implication justified after imposing costs by the Human Rights Commission against the police.

Though, counsel for the applicant prior to placing any material before the Court should have gone through its uprightness, the court said.

“As prayed, counsel for the applicant is granted time to file a reply to the affidavit of compliance filed by the State. The appearance of DGP, UP, Lucknow is exempted in the case, however, the Senior Superintendent of Police, Muzaffarnagar shall appear on the next date along with the records of the case,” the court ordered.

The Court has fixed the next hearing of the petition on January 5, 2022.

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