The Allahabad High Court, Lucknow Bench issued a notice to BJP MP from Gonda Kirti Vardhan Singh while hearing a writ petition in connection with a property dispute between two private parties.

The Bench noted that the Superintendent of Police (SP) was convinced that the Station House Officer (SHO) and Crime Branch Inspector (CB Inspector) of Gonda District were complicit in encroaching on the property of the Petitioner and her sons, who are senior citizens.

The Court listed the matter for October 18 and directed the transfer of the Station House Officer and Crime Branch Inspector of Gonda District until the conclusion of finding enquiry to ensure the Officers are unable to influence the enquiry.

The Bench comprising Justice Sangeeta Chandra and Justice Narendra Kumar Johari observed, “This Court having perused the instructions sent by the Superintendent of Police Gonda is of the opinion that since the Superintendent of Police himself is, prima facie, convinced of the complicity of Sudheer Kumar Singh, Station House Officer, and Arun Kumar Rai, Inspector, Crime Branch, he shall ensure that such Police personnel are posted outside the District Gonda immediately. He shall send a report regarding the incident to the Director General of Police, who shall ensure the posting of both the Inspectors as aforesaid outside the District Gonda preferably in a far off District till such time that preliminary fact finding enquiry is completed against them, so that they may not influence the witnesses”.

Advocate Rishad Murtaza appeared for the Petitioner, and Advocate Hemant Kumar Mishra appeared for the Respondent.

An 88-year-old woman, Petitioner No. 1, resided in a house in District Gonda with her senior citizen sons. Respondents no 19 and 20 were relatives of Gurdeep Singh (deceased son of Petitioner no 1) and were allowed to live in the house. However, the Petitioners contended that the Respondents changed the name of the five shops with the help of unscrupulous elements and corrupt employees of the Nagar Panchayat out of greed. One day, Respondent No. 12 and other police personnel came to the house. They threatened the Petitioners to vacate the house and the Gurudwara, insisting they visit the Police Station Kotwali Mankapur. They beat Petitioner no 2, looted mobile phones and cash, and misbehaved with the lady member of the family, including Petitioner no 1.

A Writ Petition was filed seeking directions against the opposite parties no 1 to 10, to protect the life, liberty, and property of the petitioners and members of the family.

The Court observed the directions given by the Superintendent of Police and held that, based on evidence, Sudheer Kumar Singh, Station House Officer, and Arun Kumar Rai, Inspector, Crime Branch, are likely involved in the incident. The Superintendent of Police must take action to ensure that these police personnel are immediately transferred out of the Gonda district. The Court directed that a report on the incident must be sent to the Director General of Police (DGP), who will arrange for the transfer of both inspectors to a distant district until a preliminary investigation is completed against them. Such will prevent them from influencing witnesses.

Accordingly, the Court listed the matter for October 18.

Cause Title: Gurbachan Kaur And Others v State of UP (Thru. Addl. Chief Secy./Prin. Secy. Deptt. Of Home Lko.) And Others

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