Wednesday, March 29, 2023

Allahabad High Court directs Varanasi Police Commissioner to file personal affidavit for filing charge sheet against lawyer

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The Allahabad High Court has sought a personal affidavit from the Police Commissioner of Varanasi in a case related to filing of charge sheet against a senior 72-year-old Advocate of Varanasi, after investigation into two rape charges were found to be false.

The Single-Judge Bench of Justice Saurabh Shyam Shamshery passed this order, while hearing an application under Section 482 filed by Vishwanath Pandey.

The Court observed that the facts presented before the Court by Ashwaini Mishra, Counsel for the applicant, appeared to be shocking.

It noted that two inquiries were conducted on a complaint, following the orders of a Senior Officer of District Varanasi, wherein the allegations were found to be incorrect.

However, there was nothing on record to show whether the Senior Officers of district Varanasi took cognisance of the said report and further on a separate application without any prior inquiry, an FIR was lodged, wherein investigation was conducted and a charge sheet was filed against the applicant, it further noted.

The High Court ordered, “Before entering into the merits of the case, Commissioner of Police, Varanasi shall file his personal affidavit to explain as to under which circumstances, preliminary inquiry was conducted and whether on the basis of outcome of preliminary inquiry, any order was passed by the concerned Senior Officer and whether the report was forwarded to the complainant as well as why the direction of Supreme Court in Lalita Kumari Vs Government of Uttar Pradesh & Ors, (2014) 2 SCC 1, were not followed.

“The Station House Officer concerned shall remain present on the next date fixed,” the order read.

The Court fixed November 9, 2022 as the next date of hearing in the case.

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