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3. It is the case of the petitioner that when the petitioner was posted at Police Station-Adampur, District Amroha, a first information report has been lodged by one Roop Kishore, which has been registered as Crime No. 0051 of 2019 under Sections 363, 366 I.P.C. and Sections 7/8 POCSO Act, at Police Station-Adampur, District Jyotibaphuley Nagar. The investigation of the said case was handed over to one Arif Mohammad, Sub-Inspector. Mr. Arif after recording the statements of the informant and witnesses submitted charge sheet no. 107 of 2029 dated 15th May, 2019 against Horam and Harphool under Sections 363, 366 I.P.C. and Sections 7/8 POCSO Act. The aforesaid case committed to the Court of Special Judge, POCSO ACT, III, Amroha, which was numbered as Session Trial No. 21 of 2019. The investigation of aforesaid Crime No. 0051 of 2019 was transferred to one Ashok Sharma, Inspector on 28th May, 2019, who submitted the charge sheet no. 107A of 2020 on 19th March, 2020. against Roop Kishor, Suresh and Devendra under Sections 302, 201 and 120B I.P.C. Thereafter the investigation was transferred to one Pankaj Sharma, Inspector who submitted his report on 12th August, 2020 thereafter the case was converted under Sections 363, 366 I.P.C. and Sections 7/8 POCSO Act after deleting Sections 302, 201 and 120B I.P.C. After framing the charge and examination of witnesses, the trial court has acquitted the persons, namely, Horam and Harphool against whom charge sheet no.107 of 2019 was submitted, in Session trial no. 21 of 2019 vide order dated 19th January, 2021. On the basis of charge-sheet no.107A of 2020 dated 19th March, 2020, the case was committed to court of Sessions Judge, Amroha, which has been numbered as Sessions Trial No. 354 of 2020 and charges were framed against Roop Kishore, Suresh and Devendra for the offence punishable under Sections 302, 201 and 120B I.P.C. and further a Session Trial being Session Trial No. 403 of 2020 was registered in which charges were framed against one Suresh for the offence punishable under Section 3/25 Arms Act. Both the Sessions Trial being Sessions Trial No. 354 of 2020  and Session Trial No. 403 of 2020 have been tried together and the session trial no. 354 of 2020 was treated to be the leading case.

4. Further, it is the case of the petitioner that after considering the facts and evidences adduced during trial, the Sessions Court has acquitted all the accused persons from all the charges vide judgment and order dated 31st March, 2021 and further the Sessions Judge, Amroha forwarded a letter dated 31st March, 2021 to the Superintendent of Police, Amroha, Additional Director General of Police, Bareilly Region, Bareilly and Director General of Police, U.P. at Lucknow to initiate departmental proceedings against Inspector Ashok Sharma and those police personnel whose signatures were found over the Fard Baramdagi.

5. Pursuant to the above letter of the Sessions Judge, Amroha, Inspector Ashok Sharma was suspended vide order dated 7th August, 2020 and proceedings under Rule 14 (1) of U.P. Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 was initiated and vide order dated 21st November, 2020, the enquiry was allotted to Mr. Vijay Kumar Rana, Circle Officer, Amroha, who submitted his report on 24th March, 2021. On the basis of said report, order dated 21st November, 2020 was cancelled and again a detailed enquiry was allotted to the Additional Superintendent of Police, Amroha i.e. respondent no.3, who submitted his preliminary enquiry, wherein Sub-Inspector Vinod Kumar Tyagi (retired), Sub-Inspector Rakesh Kumar, Sub-Inspector Arif Mohammad, Constable-Krishnaveer, Constable-Aniruddha Singh, Constable-Deepak Kumar, Female Constable Apeksha Tomar, Female Constable-Nidhi Singh (applicant herein), Amroha along with Inspector Ashok Sharma were found guilty of submitting charge-sheet on the basis of fake evidence. Respondent no.3 submitted his report on 8th June, 2021 before the Superintendent of Police, Amroha i.e. respondent no.2. On the basis of the said preliminary enquiry report of respondent no.3, Presiding Officer, Circle Officer, Amroha i.e. respondent no. 4 issued a charge sheet dated 24th August, 2021 for departmental proceedings under Rule 14 (1) of U.P. Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991. After issuing the charge-sheet dated 8th June, 2021, the petitioner has been suspended and attached to the Police Lines, Amroha by respondent no.2. The said charge-sheet was served upon the petitioner in the month of September, 2021. Subsequently, one Suresh has lodged a first information report on 23th October, 2021 against 11 persons, namely, Ashok Kumar (Inspector), Mohammad Arif (Sub-Inspector), Rakesh Kumar (Sub-Inspector), Manoj Kumar (Sub-Inspector), Vinod Kumar Tyagi (Sub-Inspector), Bhupendra Singh (Constable-cum-Driver), Krishnaveer singh (Constable), Aniruddha (Constable), Deepak Kumar (Constable), Apeksha Tomar (Women Constable) and Nidh Singh (Women Constable) (applicant herein), which has been registered as Case Crime No. 0286 of 2021 under Sections 120-B, 193, 194, 342, 344 I.P.C., Police Station-Adampur, District-Amroha. In the said case, the petitioner has been granted anticipatory bail from this Court vide order dated 8th February, 2022 a copy of which has been enclosed as Annexure-9 to the writ petition.

8. This Court has considered the submissions made by the learned counsel for the parties and has carefully scanned the records of the present writ petition specifically the laws laid down by the Apex Court on the aforesaid aspect.

9. From the records of the present writ petition, it is established that while deciding the Sessions Trial No. 354 of 2020 along with Session Trial No. 403 of 2020 vide judgment and order dated 31st March, 2021, the Sessions Judge, Amroha has found that prima facie the Police personnels along with Inspector Ashok Sharma were responsible for making a forged baramadagi of clothes, shoes and alakatla of Km. Kamlesh for showing her to be dead, when as matter of fact she is alive, therefore, he wrote a letter dated 31st March, 2021 to the Superintendent of Police, Amroha, Additional Director General of Police, Bareilly Region, Bareilly and Director General of Police, U.P. at Lucknow to initiate departmental proceedings against Inspector Ashok Sharma and those police personnel whose signatures were found over the Fard Baramdagi. Pursuant to the above letter, proceedings were initiated and vide order dated 21st November, 2020, the enquiry was allotted to Mr. Vijay Kumar Rana, Circle Officer, Amroha, who submitted his report on 24th March, 2021. On the basis of said report, again a detailed enquiry was allotted to the Additional Superintendent of Police, Amroha i.e. respondent no.3, who submitted his preliminary enquiry, wherein Sub-Inspector Vinod Kumar Tyagi (retired), Sub-Inspector Rakesh Kumar, Sub-Inspector Arif Mohammad, Constable-Krishnaveer, Constable-Aniruddha Singh, Constable-Deepak Kumar, Female Constable Apeksha Tomar, Female Constable-Nidhi Singh (applicant herein), Amroha along with Inspector Ashok Sharma were found guilty of submitting charge-sheet on the basis of fake evidence. Respondent no.3 submitted his report on 8th June, 2021 before the Superintendent of Police, Amroha i.e. respondent no.2. On the basis of the said preliminary enquiry report of respondent no.3, Presiding Officer, Circle Officer, Amroha i.e. respondent no. 4 issued a charge sheet dated 24th August, 2021. It is not disputed by the learned counsel for the petitioner that on the Baramadagi, petitioner has not appended her signatures. Therefore, this Court finds that  the petitioner is prima facie guilty of forged Baramdagi along with other Police personnels. As such, the ground taken by the learned counsel for the petitioner that she has no concern with the investigation of the aforesaid crime as also the respondent authority has not adopted proper procedure in conducting preliminary enquiry, have no legs to stand and  the same are liable to be rejected.