Dr. Monica Kr. & Anr. vs State Of Uttar Pradesh & Anr

We have heard learned counsel for the parties.

The writ petition filed by the applicants was disposed of by judgment dated 08.08.2017.

By this Miscellaneous Application, the applicant has prayed for following relief:

"(i) direct the State of UP to take action (terminate) against respondent No.2/Shri Anil Samania and other police personnel named in the conclusions of the report dated 16.11.2010 of the Additional Chief Judicial Magistrate III of Gautam Budh Nagar, UP and terminate the guilty police officers from services and to have an FIR lodged / criminal proceedings initiated against them and decided expeditiously.

(ii) to pass such other orders or directions as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.

In the writ petition, the following reliefs were claimed:

(i) issue appropriate writ directing respondent No.1 to take appropriate action and punish the police - respondent Nos. 2,3 for assaulting / detaining / registering a false case against the petitioners and causing contempt of the Court and interfering with the course of justice.

(ii) issue appropriate writ direct an independent investigation into the incident of December 20, 2011 by the CBI or SIT as detailed in this writ petition.

(iii) issue appropriate writ quashing the FIR No. 609/2011 dated 20.12.2011 and charge sheet no. 953 / 2011 dated 02.01.2012 (Vijay Nagar Police Station) filed against the petitioners.

(iv) issue appropriate writ directing the State of U.P. to provide the petitioners protection as they are under immense and constant threat.

(v) issue appropriate writ restraining the respondents and police from causing the petitioners any further harassments, assaults and threats to them.

(vi) issue appropriate writ directing respondent No.1 to suspend respondent Nos. 2,3 and also those indicted by the judicial inquiry (Shri Anil Samania / Respondent No.2 & Ors.) pending disciplinary proceedings.

(vii) to pass such other orders or directions as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case."

This Court finally decided the writ petition and issued following directions:

"20. In the aforesaid circumstances, we are inclined to accept the prayer of the petitioners in this writ petition so far as it relates to quashing the proceedings arising out of FIR No. 609 of 2011 dated December 20, 2011 and the chargesheet No. 953 of 2011 dated January 2, 2012 filed pursuant thereto. It is ordered accordingly.

Since, version of the petitioners in respect of incident of December 20, 2011 is found to be exaggerated, we do not deem it proper to direct respondent No.1 to suspend respondent Nos. 2 and 3.

We also direct respondent No.1 to provide an adequate protection to the petitioners after assessing the situation and to ensure that petitioners are not harassed or threatened by the police officials in any manner."

Learned AAG for the State of UP submits that the disciplinary proceedings were drawn against Anil Samania and censure was awarded which was a punishment according to the Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991. She submits that the censure is a punishment which affects the prospects of the promotion of the employee.

Learned counsel further states that the prayer in the writ petition regarding suspension of respondent Nos. 2 and 3 were not acceded to by this Court which is clear from para 21 of the judgment. In the application, the substantial relief, which has been asked for, is to take action against respondent No. 2 - Shri Anil Samania and other police personnels on the basis of the report of the Additional Chief Judicial Magistrate III and to terminate the guilty police officers from service, which prayers were already considered while deciding the main writ petition.

After hearing learned counsel for the parties, we are of the view that no further directions are required in this Miscellaneous Application.

The Miscellaneous Application is closed.