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"Heavy Cost To Be Imposed If Affidavit Isn't Filed By Tomorrow": Allahabad HC To UP Govt On Plea For CBI Probe In Kasganj Custodial Death Case

Sparsh Upadhyay

2 Feb 2022 7:57 AM GMT

    • Heavy Cost To Be Imposed If Affidavit Isnt Filed By Tomorrow: Allahabad HC To UP Govt On Plea For CBI Probe In Kasganj Custodial Death Case

    Hearing the plea moved by Chand Miyan (father of the Kasganj Custodial death Victim) seeking a CBI probe in the matter, the Allahabad High Court today warned the Kasganj SP to file an affidavit in the matter by tomorrow, otherwise, the Court shall impose a heavy cost. The Bench of Justice Anjani Kumar Mishra and Justice Deepak Verma asked the State as to why the affidavit hadn't been filed in...

    Hearing the plea moved by Chand Miyan (father of the Kasganj Custodial death Victim) seeking a CBI probe in the matter, the Allahabad High Court today warned the Kasganj SP to file an affidavit in the matter by tomorrow, otherwise, the Court shall impose a heavy cost.

    The Bench of Justice Anjani Kumar Mishra and Justice Deepak Verma asked the State as to why the affidavit hadn't been filed in the matter to date even when on the last date of hearing it was told to the Court that the affidavit is ready and would be filed soon.

    It may be noted that on December 23, 2021, the Allahabad High Court on Thursday sought the response of Superintendent of Police, Kasganj within ten days on the plea filed by the father of Kasganj Custodial Death victim, Altaf.

    Read more about the case here: Kasganj Custodial Death: Allahabad HC Seeks SP's Reply On Plea Filed By Altaf's Father Seeking CBI Probe, 1 Crore Compensation

    "In case SP's affidavit is not filed by tomorrow, we will necessarily impose heavy cost as this matter relates to the Custodial Death" : Allahabad High Court remarked on the plea moved by victim's father seeking CBI Probe and Second post-mortem on the body of Altaf.

    Case background

    Altaf (victim deceased) was found dead at the Kasganj police station on November 9 and it was claimed by the Police that he had hanged himself with a drawstring from the hood of his jacket, using a water pipe in a toilet that is a couple of feet from the ground.

    Altaf, a 22-year-old man was detained by UP police over a minor girl going "missing" in the Kasganj district of Uttar Pradesh, however, she has now been found from Kasganj railway station.

    An FIR against unidentified policemen, under IPC Section 302 (murder) has already been lodged at the Kasganj police station in connection with Altaf's death. UP officials have said that a departmental inquiry and a magisterial probe into the custodial death are being conducted simultaneously.

    The instant plea has been moved by Chand Miyan (father of the Victim) before the Court seeking a CBI probe into the matter. The petitioner has, in the alternative sought direction for the constitution of a Court Monitored Special Investigation Team (SIT) to take over the investigation in the Case and to proceed against all the concerned police officers and other persons who are found to be involved in the matter.

    The petitioner has also sought a compensation of Rupees One Crore as the state failed to prevent the custodial death of the petitioner's son.

    Advocates Ali Qambar Zaidi, Mohammad Danish and Kumail Haider appeared for the petitioner/Chand Miyan.

    Case title - Chand Miyan v. State Of Up And 5 Others

    Tags
    Allahabad High Courtkasganj custodial deathJustice Anjani Kumar MishraJustice Deepak VermaCustodial Death
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