High Court of Judicature at Allahabad
Case Law Search
Priya Rai v. State Of U.P. And Others - WRIT - A No. 19889 of 2007  RD-AH 7397 (23 April 2007)
Hon'ble Ashok Bhushan, J.
Learned standing counsel appearing for the respondents prays further time to obtain instructions in the matter. Time as prayed is allowed. Let a counter affidavit be filed by the respondents. List again on 14th of May, 2007.
By this writ petition the petitioner has prayed for quashing the suspension order4.4.2007 passed by the Superintendent of Police. The ground on which the petitioner has been suspended is the matter of taking illegal action Under Section 151 Cr.P.C. arresting Lachhan Pal Singh on 30.3.2007. Learned counsel for the petitioner submitted that the proceedings Under Section 151 Cr.P.C. was resorted due to tension between the two parties and further the application was also given by Lachhan Pal Singh himself expressing danger to his life from one Natthu Singh and others on which proceedings both the parties were produced before the Sub Divisional Magistrate on the same day who were released on bonds. He submits that the action by the petitioner in discharge of his duties, cannot be said to be misconduct calling for suspension of the petitioner.
From perusal of the order of suspension it does appear that only action on which the petitioner has been suspended is proceedings Under Section 151 Cr. P.C. taken by him. Prima facie the proceedings Under Section 151 Cr.P.C. as submitted by the petitioner's counsel, were on account of tension betweenthe parties which fact has not even denied by the respondent No. 6 rather the respondent no. 6 contended that there is criminal history of Natthu Singh. Considering the above submission suspension on the ground as mentioned in the order does not appear to be justified.
In view of above the suspension order dated 4.4.2007 shall remain stayed till the next date of listing.
Double Click on any word for its dictionary meaning or to get reference material on it.