The Allahabad High Court in Sumit Kumar And Another v. State Of U.P. And 2 Others directed the CBI to probe a kidnapping case against two persons/accused after they alleged that they were being implicated in false cases at the behest of 35 UP Police Personnel.
It is the stand of the Petitioners that the police officials of District Mathura were instrumental in lodging a large number of fraudulent and false cases, either against the petitioners or his brother so as to pressurize them to compromise in earlier cases. The present allegation against kidnapping is also an attempt to pressurize so as not to press an inquiry report, wherein, 35 police officials have been found, prima facie, guilty of lodging false cases and of stage managing false criminal cases against the petitioners and their brother Puneet Kumar.
A brief background of the case is that a person named Prem Singh along with another person attempted to kill Puneet Kumar on October 4, 2013. Puneet's mother Maya Devi complained to the police about this incident, however, instead of registering an FIR, the police officials filed a false case against Puneet's brother Sumit Kumar (petitioner no. 1) under Section 151, 107, 116 IPC. Thereafter, the petitioners' mother Maya Devi filed an application under section 156(3) Cr.P.C., on the basis thereof, a case was registered.
The Court transferred the probe to CBI to ensure a free and fair investigation and observed that “Having regard to the allegations made in the writ petition and the report of the Additional Superintendent of Police (Special Enquiry), Head Quarter Lucknow, it is evident that the police personnel of District Mathura, have been stage managing to lodge false cases against the family members of the petitioner of which notice has been taken by the National Human Rights Commission and SC Commission. In the circumstance, on specific query, learned State Counsel for the State has no objection if the matter is transferred to the C.B.I. for a free and fair investigation.”
A specific direction restraining The Senior Superintendent of Police, Agra, and the Investigating Officer of Case Crime No. 108/2022 from proceeding with the investigation was also passed.