Rakesh Tiwari - (1.) HEARD Sri Vijay Gautam, learned counsel for the petitioner and learned standing counsel.
(2.) THE petitioner has sought indulgence of the Court and has challenged the impugned order of suspension dated 30th March, 2009 passed by the Superintendent of Police, District Lalitpur. THE petitioner has prayed for a writ in the nature of mandamus directing the respondents to reinstate the petitioner in service and allow him to join his duties with all consequential benefits and salary. The facts of the case as culled out from the records are that petitioner is posted as Sub-Inspector at Police Outpost Kailguwan, Police Station Banpur, Lalitpur. He was in-charge of police station aforesaid. It is claimed that while petitioner was on special patrolling due to Lok Sabha Election on 29th March, 2009 alongwith two other constables on their motorcycles, the law and order situation arose when they reached Chiraulan Churaha, crossing of village Kailguan. The version of the petitioner is that on reaching the crossing aforesaid he saw two persons in a state of intoxication, holding 'katta' in their hands and fighting with each other. The petitioner and their companion constables immediately stopped their motorcycles and intervened. In the meantime some local residents of the village also assembled and started abusing the petitioner and the two constables with him. The villagers also pelted stones threatening them for intervening in the matter. In the situation the petitioner alongwith his colleagues were somehow able to run away the village crossing as some persons fired from their firearms upon them. A number of persons are said to have received injuries in the said incident.
(3.) IT is averred that the unruly mob gathered at the Police Station and F.I.R. was lodged at about 12.30 in the night of 29.3.09 as Case Crime No. 414/09 under Section 307, I.P.C. against the petitioner and two constables. The petitioners also lodged F.I.R. against 37 named and 150 unnamed persons under Sections 147, 148, 149, 307, 332, 353, 188, 323, 504 and 506, I.P.C. read with Section 7 Criminal Law Amendment Act which was registered as Case Crime No. 414A/09 in the Police Station, Banpur.;