Allahabad: The Allahabad High Court on Friday
directed Uttar Pradesh government to arrest two policemen who
were named in an FIR lodged by an advocate alleging that the
duo had assaulted him and his father and snatched away his
motorcycle.
The order was passed by a division bench comprising
Justice Amitava Lala and Justice Sanjay Mishra on the writ
petition of Deepak Dubey, a lawyer practising at the district
court here, who has alleged he and his father were beaten up
by the two policemen at Saray Inayat police station area on
October 25 when they were returning home after casting their
franchise in panchayat polls.
The petitioner had contended that an FIR was lodged at
the police station on the same day, naming the in-charge of
the police station A K Singh and sub-inspector Pawan Kumar
Patel, though neither of them has been arrested so far.
Appearing on behalf of the state government, Chief
Standing Counsel M C Chaturvedi informed the court that Singh
has already been suspended and similar action was being mooted
against Patel.
However, the court said the FIR was lodged against the
policemen under Section 394 of the Indian Penal Code
(voluntarily causing hurt in committing robbery) and that
"offence under this section is cognizable, non-bailable and
non-compoundable.
"We are of the view that the state should immediately
take steps for arresting the persons who are involved in this
offence", the bench said.
The court also directed the state government to file its
counter-affidavit in the matter by November 10 while the
rejoinder, if any, shall be filed by November 12.
The next date of hearing has been fixed on November 15.
PTI
First Published: Friday, October 29, 2010, 23:52