Supreme Court - Daily Orders
Radhey Shyam Yadav vs State Of U.P. on 1 August, 2014
$* ITEM NO.47 COURT NO.5 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s).
9688-9689/2012
(Arising out of impugned final judgment and order dated 20/04/2012
in CRMBA No. 284720/2011, CRMBA No. 109677/2012, CRLA No.1783/2010
passed by the High Court Of Judicature at Allahabad)
RADHEY SHYAM YADAV & ANR. Petitioner(s)
VERSUS
STATE OF U.P. Respondent(s)
(with appln. (s) for discharge of advocate-on-record and stay and
office report)
Date : 01/08/2014 These petitions were called on for hearing today.
CORAM : HON’BLE MRS. JUSTICE RANJANA PRAKASH DESAI
HON’BLE MR. JUSTICE N.V. RAMANA
For Petitioner(s) Mr. Mahavir Singh, Sr. Adv.
Mr. Kaushal Yadav ,Adv.
Ms. Mamta Rani, Adv.
For Respondent(s) Mr. Gaurav Bhatia, Adv.
Mr. Amit Singh, Adv.
Mr. Adarsh Upadhyay, Adv.
Mr. Vivek vidyarthi, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Signature Not Verified
By the impugned order dated 20.04.2012, the Allahabad High Digitally signed by Court directed the Director Genearal of Police, U.P. to conduct an Gulshan Kumar Arora Date: 2014.08.22 11:31:13 IST inquiry regarding the conduct of the petitioners. Reason:
The relevant paragraphs of the impugned order read as under :
"In this state of affairs we think that the 2 Principal Secretary, Medical Health should get a thorough probe made as to whether this particular doctor DW 1 Surendra Singh, who was then posted at PHC Rura, Rambai Nagar has genuinely found the deceased alive at the time of recording of the alleged dying declaration exonerating the accused, or has colluded with the accused persons for showing the deceased alive when she was either dead or incapable of having made the dying declaration.
The Director General of Police, U.P. should also get an inquiry conducted regarding the conduct of S.I. Radhey Shyam Yadav, as to whether, in the light of the DGP’s probe and in view of the circumstances suggested above this police official may have fabricated the dying declaration, which was not made by the alleged declarant at all. In case the Principal Secretary medical Health or the DGP, U.P., reach the conclusion after inquiry (after giving an opportunity of hearing to the charged doctor and police official to present their versions), that the dying declaration was fabricated and the claim of the doctor and the S.I., that the deceased had made the same to them was false and dishonest, they are to initiate stringent disciplinary and penal proceedings against the said persons, so that an exemplary message goes out that Courts and society will no more tolerate officials in key places indulging in such criminal acts to save accused of such grave crimes ostensibly for extraneous considerations. The Principal Secretary and the DGP are directed to submit their reports to this Court and also inform this Court about the action taken against the guilty parties within three months by 23.7.2012."
The petitioners have challenged the said order before this Court. On 7.12.2012 while issuing notice, this Court stayed further proceedings in the departmental inquiry.
We have heard learned counsel for the parties. We see no reason to interfere with the impugned order. In the circumstances, we vacate the interim order staying the departmental inquiry. We, however, make it clear that the Director General of Police U.P. and the Principal Secretary, Medical Health shall conduct the inquiry uninfluenced by any observations made by the High Court in the impugned order and after giving opportunity of hearing to the 3 petitioners because the petitioners were not before the High Court.
The petitioners will be at liberty to raise all the contentions which are raised in the present petitions or any other contentions that may be available to them. We make it clear that we have not expressed any opinion on the merits of the case.
With the above observations, the special leave petitions are disposed of.
(Gulshan Kumar Arora) (Indu Pokhriyal)
Court Master Court Master