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Sep 11, 2021

Allahabad HC Orders CBI Probe Into Jaunpur Custodial Death, Says Police Protecting Accused

Hearing a petition into the alleged custodial death of 24-year-old Krishna Yadav, the court said that a fair investigation by the state police "appears to be not possible".
Representational image. Photo: Pixabay

New Delhi: The Allahabad high court has ordered a Central Bureau of Investigation (CBI) probe into the alleged custodial death of a 24-year-old man in Jaunpur, observing that the police are shielding the accused and destroying evidence.

Hearing a writ petition filed by Ajay Kumar Yadav of Jaunpur district, a division bench of Justices S.P. Kesarwani and Piyush Agrawal said if considered neither effective nor objective, courts may order a fair investigation to prevent miscarriage of justice.

The case pertains to the death of 24-year-old Krishna Yadav, also called Pujari, who was allegedly picked by police.

According to a complaint, when Yadav’s brother went to meet him at the police station, he was not allowed. On February 12, information was received that Yadav has died.

Thereafter, a case was registered against some police officers under Section 302 (murder) and other provisions of the IPC at the Buksa police station in Jaunpur district. A judicial inquiry was initiated, which did not reach any conclusion.

According to the Indian Express, the court in its order on Wednesday said, “[T]here are sufficient material on record which prima facie reveal commission of offence by the accuseds and involvement of higher officers in conspiracy, destroying evidences and creating false evidences to protect the accuseds. Fair investigation is the foundation for a fair trial. In the present set of facts fair investigation by state police appears to be not possible in view of all the brief facts and circumstances noted above (sic)”.

The high court added, “The entire effort of police is to somehow give clean chit to the accused and for this purpose important evidences are being left and some pieces of evidence are being created and manipulated.”

“But presently we do not want to comment any more since [a] fair investigation is yet to be carried out by an independent and impartial agency,” the court added.

Transferring the probe to the CBI, the court posted the matter for further hearing on September 20.

(With PTI inputs)

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