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Allahabad High Court issues show-cause notice to police officer for misleading court

Upon verification of facts, a supplementary affidavit has been filed on behalf of the applicant on June 29, 2021, wherein it is stated that there is no case under Section 3(1) of the UP Gangsters Act, Police Station Akbarabad, District Amroha registered against the applicant.

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The Allahabad High Court has recently issued a show-cause notice to a police officer for misleading the Court by supplying false and incorrect information regarding a police station.

A single-judge bench of Justice J.J. Munir passed this order while hearing a Criminal Misc Bail Application filed by Manavvar.

It is submitted by the counsel for the applicant that this is a case where the applicant has become a victim of policemen of Special Operation Groups. The counsel further submitted that he has been arrested from his house and falsely accused in the recovery of some cars along with motorcycles, and implicated along with a number of other co-accused.

It is urged that when the application came up on June 25, 2021, the Additional Government Advocate made a statement on the basis of instructions received that there is a case against the applicant under the UP Gangsters Act. He was, therefore, granted time to file a supplementary affidavit to clarify his criminal history.

Upon verification of facts, a supplementary affidavit has been filed on behalf of the applicant on June 29, 2021, wherein it is stated that there is no case under Section 3(1) of the UP Gangsters Act, Police Station Akbarabad, District Amroha registered against the applicant.

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The counsel for the applicant said there is no police station going by the name of Police Station Akbarabad in Amroha district.

The Additional Government Advocate said he does not dispute the fact that there is no police station by that name in District Amroha. Upon an inquiry being made from the A.G.A. about the identity of the author of the instructions, on the basis of which statement was made on June 25, 2021, it transpires that relevant instructions were given by one Amit Kumar, a Sub -Inspector of Police, posted at Police Station Kotwali, District Bijnor.

“Issue notice to Amit Kumar, Sub-Inspector of Police, Police Station Kotwali, District Bijnor to show cause why appropriate action may not be initiated against him for misleading the Court by supplying false and incorrect instructions to the Government Advocate in that, that there is no case crime under Section 3(1) of the U.P. Gangsters Act, Police Station Akbarabad, District Amroha against the applicant, so much so, that there is no police station by that name in existence in District Amroha. Cause shall be shown on July 8, 2021. On that date, Amit Kumar, Sub -Inspector, P.S. Kotwali, District Bijnor shall remain present in the office of the Government Advocate,” the Court ordered.

The Court has fixed the next hearing of the petition on July 8, 2021.

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