ARTI GUJAR Vs. STATE OF U P THRU PRIN SECY HOME AND ANR
LAWS(ALL)-2018-5-151
HIGH COURT OF ALLAHABAD
Decided on May 23,2018

Arti Gujar Appellant
VERSUS
State Of U P Thru Prin Secy Home And Anr Respondents

JUDGEMENT

Devendra Kumar Upadhyaya, J. - (1.) This petition, filed by the wife of a slain Inspector of U.P. Police, invokes jurisdiction of this Court under Article 226 of the Constitution of India seeking a direction to the Central Bureau of Investigation to conduct free, fair and impartial investigation of Case Crime No. 1081 of 2015, under Section 302 I.P.C., Police Station Kotwali City, District Pratapgarh. A further prayer has been made for issuing a writ in the nature of certiorari quashing the decision of the Government of India refusing to conduct the investigation of the aforesaid crime by the Central Bureau of Investigation despite the consent of the State Government accorded for investigation by the Central Bureau of Investigation as required under Section 6 of the Delhi Police Establishment Act, 1946.
(2.) The basis of the prayer for investigation by the Central Bureau of Investigation and the factual back-ground thereof have been laid in the writ petition by the petitioner, who has stated that her husband, late Anil Kumar was appointed on the post of Sub Inspector in the U.P. Police in the year 1999 and further that his work and conduct had always been appreciated by the superior officers and it is for this reason that he was given out-turn promotion and was promoted as Inspector and had been made Incharge of various Police Stations in the State. It has also been stated that late Anil Kumar had also served under the Special Task Force.
(3.) The petitioner has also stated that late Anil Kumar was transferred from Kanpur Dehat to District Pratapgarh on 04.06.2015 and was made Incharge of Police Station City Kotwali, Pratapgarh and further that while being posted as Incharge Inspector at City Kotwali, Pratapgarh, pressure was exerted on him from certain corners to arrest the innocent persons in the locality and he was also threatened that in case he does not succumb to such pressures, he will face adverse consequences, however, the deceased with a view to serve the public, kept on discharging his duties without being influenced by pressures mounted on him despite receiving threatening calls and messages from certain influential persons.;


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