'IO calling the parties in case deplorable'

Prayagraj: Taking serious note of a police investigation officer's demand for money from parties in the case before filing counter affidavit in court, the Allahabad High Court on Tuesday directed UP DGP to issue a circular informing every police officer in the state that they should never contact parties in cases of filing counter affidavit.

"Such practice is highly deplorable," said Justice Prashant Kumar, referring the matter to UP DGP for enquiry into the matter against investigation officer Madhusudan Verma, attached with Malwan police station of Fatehpur district.

The court also directed registrar (compliance) to send a copy of this order to the DGP forthwith for necessary compliance.

In the course of hearing of a case filed by Kamlesh Mishra and one other, it was pointed out by the counsel for the applicant that the investigation officer of the case had called him up and asked for Rs 3,000 in lieu of coming to file counter affidavit. It was stated by the lawyers that it had become practice for police investigating officers to make calls to party and ask for money to file counter affidavit.

Investigation officer Madhusudan Verma, who was present in the court, conceded to the fact that he had called up to get information and since when his words were not understood, he disconnected the phone call.

While holding that this submission of IO was not acceptable, the court directed the investigating officer concerned to file his personal affidavit. Subsequently, the same was filed and was taken on record.

In the affidavit, the IO had averred that he had made a phone call to the applicant in order to submit a satisfactory reply in the instant case and he never demanded money from the applicants. False allegation had been made against him by the applicants to tarnish the image of police department, he pleaded.

Expressing dissatisfaction over submission of the IO, the court said, "The aforesaid stand taken in the personal affidavit does not explain conduct of the IO. Hence, the matter is referred to the DGP, UP to conduct proper enquiry into the matter against the investigation officer.

The court directed to list this matter on Jul 23 for next hearing.