Lucknow: The Lucknow bench of the Allahabad High Court has set aside the charge sheet and summoning order passed against a home guard in an alleged case of extortion from truck drivers at a no-entry point in Uttar Pradesh’s Hardoi.
Calling it a “classic example of false implication by police”, the bench also directed the Hardoi district magistrate and superintendent of police (SP) to pay the petitioner — the home guard — a cost of Rs 2 lakh for “harassing him in the case”.
The bench of Justice Rajeev Singh on Tuesday also slammed the shoddy probe wherein neither any victim of extortion was made a witness nor the video on the basis of which the investigation was started, was made part of the case diary as evidence.
The petitioner — Ram Gopal Gupta who was posted on traffic duty under Lonar police circle — was taken into custody for committing the alleged offence (seeking bribe from a truck driver, on the basis of a video) on September 27, 2020.
After investigation, he was charge-sheeted on October 13, 2020 and the court also issued him summons on April 25, 2022, for appearing before it to face the trial.
Gupta later moved the HC bench.
“It is evident from the record that no alleged video is annexed with the case diary. Further when there is no aggrieved person in the case of extortion, merely on the basis of imagination, the petitioner cannot be implicated,” the bench observed.
The bench directed the Hardoi district magistrate and SP to file the compliance report before the senior registrar within two months. It also sent a copy of the order to the trial court, principal secretary, justice, as well as principal secretary, home, and director general of prosecution for necessary action in the matter.