SEEMA SINGH Vs. STATE OF U.P. AND ORS.
LAWS(ALL)-2020-2-477
HIGH COURT OF ALLAHABAD
Decided on February 25,2020

SEEMA SINGH Appellant
VERSUS
State of U.P. and Ors. Respondents

JUDGEMENT

- (1.) Custodial death of an undertrial in a District Jail when he was allegedly kept in High Security Barack, Cell No.2 has been questioned. Prem Prakash Singh @ Munna Bajrangi was murdered by a life convict and that too, within less than 12 hours of said undertrial brought to District Jail, Baghpat from District Jail, Jhansi. Almost a dozen bullets were pumped in his body. This incident has caused loss of confidence to the wife of late undertrial upon Police Administration in the State of U.P. and has given rise to this writ petition.
(2.) This writ petition under Article 226 of Constitution of India has been filed by Seema Singh W/o of late Prem Prakash Singh @ Munna Bajrangi (hereinafter referred to as 'Slained Undertrial') with a prayer to issue a writ of mandamus commanding Central Bureau of Investigation (hereinafter referred to as 'CBI') (respondent-6), to conduct enquiry/investigation regarding killing of petitioner's husband in District Jail, Baghpat on 9th July, 2018. She has further sought a writ of mandamus commanding that till investigation is transferred to CBI (respondent-6), entire record pertaining to Case Crime No. 377 of 2018 registered at Police Station-Khekra, District-Baghpat on 9th July, 2018 be sealed.
(3.) Facts in brief, as disclosed in writ petition, are that, petitioner's husband was implicated in the murder of Krishna Nand Rai, which occurred on 29th November, 2005. Petitioner's husband was arrested in October 2009 and since then he was in jail, till he was murdered in District Jail, Baghpat on 9th July, 2018. Petitioner's husband contested Assembly Election in 2012 as joint candidate of Apna Dal and Peace Party, from Madiyahu Seat, District-Jaunpur. He was opposed by one Dhananjay Singh, who is having a long criminal history and had turned a politician. Petitioner also contested unsuccessfully Assembly Election in 2017 as an independent candidate from Madiyahun, District-Jaunpur. Her husband was planning to contest General Parliamentary Election from Jaunpur Constituency. Political opponents of petitioner's husband hatched a conspiracy to eliminate him. In furtherance thereof one Pushpjeet Singh, who was brother in law of petitioner's husband, was murdered on 5th March, 2016 at Vikas Nagar, Lucknow. In respect thereof, First Information Report (hereinafter referred to as 'FIR') being Case Crime No. 0057 of 2016 was registered at Police Station-Vikas Nagar, District Lucknow. Pushpjeet Singh was an advocate and used to do pairvi of the cases of petitioner's husband. Thereafter, Mohammad Tariq started doing pairvi of cases pertaining to petitioner's husband pending in different courts. He was also murdered on 1st December, 2017. In respect thereof, FIR being Case Crime No. 1512 of 2017 under Sections 302 and 120B I.P.C. was registered at Police Station-Gomti Nagar, District-Lucknow.;


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