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Priya Rai v. State Of U.P. And Others - WRIT - A No. 19889 of 2007 [2007] RD-AH 7397 (23 April 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


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.




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