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Supreme Court asks petitioners to move Allahabad HC for independent probe into police brutality

The petitioners herein have approached the Apex Court for the transfer of investigation in FIR bearing No. 133/21 u/s 341, 323, 307, 354, 354(B), 427, 332, 333, 353, 504,506/34 of IPC registered at P.S. Kahalgaon to a Special Investigation Team or a Court Monitored Judicial Committee.

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The Supreme Court has dismissed a petition as withdrawn seeking direction for an independent and impartial investigation by a Special Investigation Team or a Court Monitored Judicial Committee against police brutality, use of excessive force, and custodial torture committed on petitioners.

A writ petition was filed before the Supreme Court under Article 32 of the Constitution of India. During the hearing today, the court told the petitioners to move the Allahabad High Court. The Bench of Justice U.U. Lalit and Justice Ajay Rastogi was of the view that petitioner must have to go to the High Court first for the relief demanded. The Counsel for the Petitioner, Sameer Kumar, prayed and granted the leave to withdraw this petition with the liberty to approach the Concerned High Court in Course of appropriate proceedings.  

The petitioners herein have approached the Apex Court for the transfer of investigation in FIR bearing No. 133/21 u/s 341, 323, 307, 354, 354(B), 427, 332, 333, 353, 504,506/34 of IPC registered at P.S. Kahalgaon to a Special Investigation Team or a Court Monitored Judicial Committee.

Petitioner no. 2 Mohd Nasir is serving in the Indian Army and is currently posted at Allahabad. He had gone to his native place at Bhagalpur in Bihar to attend the wedding of his cousin i.e. petitioner No. 3 (Akhtari Begum). The matter initiated when Nasir was traveling with his sister on a motorcycle and he met with an accident with the vehicle of Kahalgaon Police. Thereafter, a minor exchange of words happened between Nasir and the Police officers, namely, ASI Jitendra Kumar, Constable Yogender Singh, Constable Devender Singh, and Constable Ram Lakhan Yadav.

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Thereafter, the police officers started beating Nasir and also misbehaved with his sister by pulling her hair and behaving indecently. The video of this event went viral on social media in which it can be seen that the petitioners are surrounded by a dozen policemen some of whom were not wearing a police uniform giving blows to petitioner 2 with elbows and kicks. Later forcefully taken to the police station and illegally locked up in police custody.

Petitioner no 1 and 3 was also beaten up by the Police Officers and attacked with an Iron Rod due to which he almost lost his eyesight. They were also put in jail. A false and fabricated FIR bearing No. 133/21was registered against Petitioner No. 2, 3, and 4 for offenses u/s Section 341, 323, 307, 354, 354(B), 427, 332, 333, 353, 504, 506/34 of IPC at P.S.Kahalgaon.
To protect themselves petitioners have filed this petition before the apex Court.

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