K.K. GAUTAM Vs. STATE OF U.P. AND OTHERS
LAWS(ALL)-1994-6-14
HIGH COURT OF ALLAHABAD
Decided on June 13,1994

K.K. Gautam Appellant
VERSUS
State of U.P. and others Respondents

JUDGEMENT

B.M. Lal, J. - (1.) By moving two separate applications dated 30-5-1994 and 2-6-1994 respectively on behalf of respondent Nos 1,2 and 3 namely? State of U. P., through the Secretary Home, Lucknow, Inspector-General of Police (Personal) Lucknow, and Senior Superintendent of Police, Bareilly, it is contended that ad-interim stay orders granted by this Court presided over by Hon'ble Mr. Justice S.R Singh in Writ Petition No. i 1322 of 19: 4, dated 11-4-1994 and in Writ Petition No. 13704 of 1994, dated 29-4-1994 respectively, be vacated, Counter-affidavit sworn by Sri D.B. Singh Additional Superintendent of Police, is also filed in both the petitions on behalf of respondent Nos. 1, 2 and 3 referred to above.
(2.) At the very outset, it may be observed that both the petitions have not been filed against the respondents referred to above only, but also filed against respondent No. 4 Vinod Bharthwal, who is General Secretary, Samajvadi Party, Dehradun and close to Subhash Sharma and Sanjay Ghai, who are members of Executive Committee of Samajvadi party, Dehradun, alleging that this respondent No. 4 is an instrumental in getting the petitioner transferred from places to places as this respondent No. 4 is having upper hand in the ruling Samajvadi party and Government.
(3.) It is further alleged by the petitioner that in the year 1991 when the petitioner was posted at Dehradun, he arrested aforesaid Subhash Sharma and Sanjay Ghai for an offence punishable under Section 307, IPC read with Section 25 of the Arms Act. The respondent No. 4 Vinod Bharthwal, had exerted all sorts of pressure upon the petitioner to release the aforesaid persons and also to drop the investigations, to which the petitioner did not agree and both Subhash Sharma and Sanjay Ghai had to remain in Jail for three months, with the result the respondent No. 4 developed animosity against the petitioner.;


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