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2001 DIGILAW 314 (ALL)

RAM PAITA KANNAUJIA v. STATE OF UTTAR PRADESH

2001-04-04

M.KATJU, U.S.TRIPATHI

body2001
M. KATJU, U. S. TRIPATHI, J. ( 1 ) HEARD learned counsel for the petitioner. ( 2 ) THE petitioner has challenged the impugned FIR dated 15-3-2001 (Annexure 1 to the petition) relating to Case Crime No. 33 of 2001 under Sections 376/452/506, IPC, Police Station, Sarnath, district Varanasi. The FIR reads as follows :- ( 3 ) A perusal of the FIR shows that the allegations therein are that on 10-3-2001 at 3. 00 a. m. the petitioner who is a Police Constable came to the house of the first informant in a drunken state with a Katta in his hand, broke the door of the house of the first informant and entered the house and raped the first informant at the Katta point. The two sisters of the first informant namely Rekha aged about 11 years and Kallo aged about 7 years who were sleeping there woke up, and the petitioner threatened both the girls with his Katta. The first informants brother Ashok came there and he was also threatened by the petitioner by showing him the Katta. The petitioner then threatened the first informant saying that if she reported the matter then her entire family will be killed. ( 4 ) A large number of petitions are coming up before this Court with allegations against the Police that they are behaving like bandits, thieves, rapist and petty criminals. In similar Cril. Misc. Writ Petition No. 1629 of 2001 (Mahesh Chandra, Hd. Constable v. State) decided on 26-3-2001 and Crl. Misc. Writ Petition No. 894 of 2001 (Rama Kant Misra v. State) decided on 1-3-2001 (reported in 2001 0 Alllj 822 ) we condemned this sad state of affairs prevailing in our country. The way in which a large number of Police personnel are behaving reminds us of the days of the Mughals when Thugs and Pindaris were looting the public and terrorizing them in many ways. The police are supposed to protect the people and not to rape, black mail or loot them. We do not mean to say that there are no good Policemen but it seems that they are in the minority. The majority of the policemen are not behaving properly at all. The Director General of Police must look into this and pass appropriate orders to check these kinds of criminal activities of policemen. We do not mean to say that there are no good Policemen but it seems that they are in the minority. The majority of the policemen are not behaving properly at all. The Director General of Police must look into this and pass appropriate orders to check these kinds of criminal activities of policemen. We are living in a civilized society where the rule of law prevails, and it is high time that the police also start behaving in a civilized manner. ( 5 ) SINCE the allegations in the FIR make out a prima facie case we cannot interfere. The petition is dismissed. However, the observations in this judgment will not influence the Court hearing the petitioners bail application or trial. ( 6 ) LET the Registrar General of this Court send a copy of this judgment to the Director General of Police, U. P. who will issue stern directions to all police personnel that strong action will be taken against those policemen committing such crimes. Order accordingly. .