15 Nov 2021 9:32 AM GMT
The Allahabad High Court last week slammed the Central Bureau of Investigation (CBI) for its failure to properly investigate the alleged custodial death of a 24-year-old man from Jaunpur as it failed to arrest the accused persons/ policemen against whom the charge of murder has been levelled.The Bench of Justice Surya Prakash Kesarwani and Justice Piyush Agrawal observed that the affidavit...
The Allahabad High Court last week slammed the Central Bureau of Investigation (CBI) for its failure to properly investigate the alleged custodial death of a 24-year-old man from Jaunpur as it failed to arrest the accused persons/ policemen against whom the charge of murder has been levelled.
The Bench of Justice Surya Prakash Kesarwani and Justice Piyush Agrawal observed that the affidavit filed by the CBI is totally unsatisfactory and it indicated that no concrete effort had been made by it to arrest the accused persons, who are policemen.
In its affidavit, the CBI gave the details of police officials/ suspects/ accused persons and also stated that efforts are being made by conducting raids/ searches at their known addresses, examining their CDRs/ IPDRs, and deploying sources to get their present locations for the execution of NBWs.
It was also stated that arrest warrants have been got issued by local police from the court of C.J.M., Jaunpur on 06.09.2021, however, the Court noted that the accused persons haven't been arrested even after more than two months.
Against this backdrop, the Court observed thus:
"The averment made by the respondent No.5 (CBI) that efforts are being made, appears to be merely an eyewash in view of the stand taken on the last date of hearing as recorded in the order 27.10.2021 that the respondent No.5 used to arrest accused only after completion of investigation."
However, the Court granted one more opportunity to the CBI to investigate the case properly and execute the arrest warrants without any further delay and to take all consequential action as provided in the Code of Criminal Procedure including the provisions of Sections 82 and 83, Cr.P.C.
Lastly, the Court called for an affidavit from CBI on the next date (29 November). The CBI has been asked to clarify its stand on its submission made earlier that CBI used to arrest the accused only after completion of the investigation.
The background of the case
The matter relates to the alleged custodial death of a young boy aged about 24 years, who was forcibly taken away from his house to the police station by the Police party, allegedly, with an intent to implicate him falsely and thereafter, detained him at the police station.
In this matter, when the informant (brother of the deceased) went to the police station to meet his brother, he was not allowed to meet with his brother (deceased), and the next morning, the information was received that his brother died in police custody as he was murdered by the policemen.
Thereafter, a case was registered against the accused police officers under Sections 302, 394, 452 & 504 I.P.C.
On the other hand, the police claimed that the deceased was apprehended while he was driving a motorcycle which fell, due to which he received injuries and the public beat him up.
It was further stated that when he was sent for first aid along with a Sub Inspector and two constables, the Doctor at the CHC referred him for treatment to District Hospital, Jaunpur, and by the time they reached the District Hospital, he had died.
The Supreme Court had recently refused to interfere with the order of the Allahabad High Court transferring the probe into the alleged custodial death of a 24-year-old man (from Jaunpur, Uttar Pradesh) to the Central Bureau of Investigation (CBI).
The Bench of Justice Vineet Saran and Justice Aniruddha Bose had dismissed the plea filed by the Uttar Pradesh authorities against the High Court's September 8 order, wherein the High Court had prima facie found that officers of the I.P.S. rank have some involvement in the murder/death of the deceased.
Case title - Ajay Kumar Yadav Respondent:- State of U.P. and Another
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