Santosh Kumar vs State of U.P.

P.K. Jain, J.—Persuant to the order dated 1761999, notices were served upon Sarvasri A.K. Pandey, Rajendra Kumar Srivastava, Rizwan, Kamlesh and the complainant Jitendra Sharma, who are present in person. Only Sri Rajendra Kumar Srivastava has filed reply to the show cause. None else has filed any reply to the show cause.

On the report of the first informant Jitendra Sharma regarding theft of jeep No. 19A/8283, the applicant is said to have been apprehended on 2351999 at 11.30a.m.

The applicant''s case is that he was arrested on 18th May, 1999 and was kept in custody. The recovery was made subsequently on or about 22nd May, 1999 whereas the Station Officer Sri A.K. Pandey, Rajendra Kumar Srivastava, S.I. constables Rizwan and Kamlesh have shown the arrest of the accused on 2351999 at 11.30 a.m. alongwith alleged stolen jeep at the pointing of the complainant. Accused has relied upon the paper news in daily news paper "Aaj" dated 23rd May, 1999 issued from Allahabad in which it was a news item that 3 persons were going in Commander Jeep on 18th May, 1999 and they were intercepted by certain people in a Maruti Car and had taken away the jeep saying that it was a stolen jeep and thereafter the police reached at the spot and 3 persons Santosh, Surendra and Beepu were apprehended by police. Santosh who had applied for bail was one of them. In case, the applicant was apprehended on 2351999 at 11.30 a.m. the said news item could not have been published in daily news paper of 2351999. Prima facie there appears to be some truth in allegation of applicant Santosh.

Rajendra Kumar Srivastava in his show cause stated that information about theft of the jeep was received in the police station Shanker Garh on 1951999 and Crime No. 343 of 1999 under Section 379, I.P.C. was registered. Since then the police of police station Shankergarh was searching for the jeep. The applicant Santosh was arrested alongwith jeep (date and time not given). The news item was published in the daily news paper "Aaj" on 2351999 about the said jeep which is absolutely false and incorrect. In fact, uncle (name not given) of coaccused is pressreporter and he always used to give false type of news only in order to pressurise and harass the authorities so that concerned authorities may not take action or arrest the criminals. One of the press news dated 2261999 published in ''Amar Ujala'' under head "Gunda Tax Lete Char Giraftar" in which it is stated that one Ajai Chaurasiya and Jugul was arrested by the police of police station Shankergarh Allahabad which is absolutely false and incorrect news and in fact the said persons have not been arrested by the concerned police. The criminals used to make alibi by giving press news in daily news papers only in order to grant them bail by the Court concerned and that type of news item has no relevance at all in the eye of law.

Having considered the show cause filed by Sri Rajendra Srivastava it may be mentioned that even though the police now makes allegations that false news items are being published in order to benefit the accused persons it is really amazing and unfortunate that no action was ever taken by the police authorities against such pressreporters. Such a defence is prima facie an afterthought.

It is a fit case in which the Investigation may be got done through the Senior officer not below the rank of and .P.S. Officer.

In this view of the matter, the S.S.P., Allahabad is directed to get the case registered against all the five persons mentioned above and get it investigated by an officer not below the rank of I.P.S.

Subsequently, Sri Ashok Pandey has also filed the show cause in which almost similar grounds have been taken as have been taken by Sri Rajendra Kumar Srivastava.

The Senior Superintendent of Police, Allahabad shall get the report of the investigation within eight weeks from today and shall submit the report of the investigation of this Court on expiry of the Sweeks.

List the matter again on 30th September, 1999.

Copy of this order shall be handed over to Sri Rajendra Singh Sengar, learned A.G.A. within 24 hours for communication to and for follow action by S.S.P., Allahabad.