- Allahabad HC orders CBI probe into Shravasti police encounter.
- Court found serious discrepancies in police FIR, false account.
- CBI to investigate SHO's shooting skill, submit report in three months.
Jagran Legal Correspondent, Lucknow | The Lucknow bench of the Allahabad High Court handed over the probe into the Shravasti half-encounter to the Central Bureau of Investigation (CBI) on Friday. The court prima facie concluded that the police FIR contained serious discrepancies. The station in-charge appeared to have presented a false account of the incident, the High Court said. A single bench headed by Justice Subhash Vidyarthi directed the CBI to complete the investigation and submit a report within three months.
The order was issued during the hearing of a criminal revision petition filed by Chhotkau alias Alauddin. The court directed an investigation into the veracity of the FIR registered at the Ikauna police station under Section 109 of the BNS and Section 3/25 of the Arms Act.
The case relates to an encounter in which Alauddin was shot in both legs. Police claimed he had fired at a 23-member police team.
Police Open Fire On Hearing Sound Of The Weapon Being Loaded
According to Station House Officer (SHO) Ashwini Kumar Dubey, on hearing the sound of the weapon being loaded, he fired two bullets from his 9 mm service pistol in self-defence, and both hit Alauddin's legs.
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Court Asks CBI To Investigate Shooting Skill Of Cop
The court also asked the CBI to investigate the station house officer's shooting ability, to see if he could have accurately fired a shot from a distance of about 15 meters at night, simply by hearing the sound of a weapon being loaded. The station house officer's explanation will also be examined.
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How Did So Many Cops Fail To Stop The Man Riding E-Rickshaw, Asks Court
The petitioner's lawyer, Nadeem Murtaza, questioned the police's version. He said that according to the FIR, 13 policemen were travelling in a government vehicle and later split into three teams. No other vehicle was mentioned. Later, a 10-member SWAT team arrived, bringing the number of police officers to 23. How could so many armed police officers fail to stop the man riding an e-rickshaw, the court questioned.
The court also questioned Alauddin's confession after he was shot. The original FIR was filed within 61 minutes of the incident, but it did not mention rape, bleeding, or injuries related to the abduction of the seven-year-old girl. These details were later revealed in the confession.
The court prima facie held that the police had possibly recorded a false confession. It noted that all 23 policemen involved in the encounter had been rewarded. Citing Supreme Court guidelines for investigating police encounters, the court stated that due process was not followed.
While granting relief to Alauddin, the court also stayed the operation of the Shravasti Sessions Court's July 2 order dismissing his discharge petition. The next hearing will be held on November 23.
