- (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 cast as case out from the records are that petitioner is posted as Sub Inspector at Police Out Post 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 along with two other constables on their motorcycles, the law and order situation arose when they reached Chiraulan Churaha, cross­ing of village Kailguwan.
(3.) 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 along with 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.;