BADRI SINGH Vs. STATE OF U.P. AND OTHERS
LAWS(ALL)-1987-7-61
HIGH COURT OF ALLAHABAD
Decided on July 14,1987

BADRI SINGH Appellant
VERSUS
State of U.P. and others Respondents

JUDGEMENT

S.K. Dhaon, J. - (1.) The principal prayer is that Departmental proceedings initiated under Section 7 of the Police Act against the petitioner on 3rd September, 1984 should not be allowed to continue unless and until the respondents comply with the provisions contained in para 486 of the U.P. Police Regulations.
(2.) On 3rd September, 1984, a charge-sheet was submitted to the petitioner in which the allegation made was that on 15th March, 1984 he refused to register a first information report and instead demanded illegal gratification. The petitioner made a representation which was addressed to the Inspector General of Police. This was presumably done under Para 511 of the U.P. Police Regulation. It appears that this representation was not forwarded to the Inspector General of Police. Instead the Dy. Inspector, General Kanpur Range, retained the same to himself and he on 20th January, 1987 rejected the same. The prayer, therefore is that the order passed by the Deputy Inspector General of Police, Kanpur Range on 20th January, 1987, may be quashed.
(3.) The case set up by the petitioner in this Court is that a close reading of the charges levelled in the charge-sheet sent to him on 3rd September, 1984 indicates that the petitioner had committed a cognizable offence. The submission is that the departmental proceedings under Section 7 of the Police Act cannot be initiated unless a complaint is filed and investigated with regard to the commission of the cognizable offence by the petitioner. To get an appropriate remedy the petitioner however, made representation to the Inspector General of Police.;


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