Alleged false implication in theft case: Allahabad HC directs UP DGP to conduct probe against Rae Bareli SP

The Lucknow bench of the Allahabad high court has directed the director general of police (DGP), Uttar Pradesh, to conduct an investigation through a special investigation team (SIT) into the alleged wrongful arrest of an MBA student by the superintendent of police (SP), Raebareli. The arrest was allegedly made under the guise of a theft case by the SP through his subordinates.
The court further directed the DGP to constitute an SIT with members senior to the implicated police officers, including Abhishek Agrawal, SP Rae Bareli, to investigate the incident thoroughly. The court requested a report from the SIT within two months and scheduled the matter to be reviewed on July 3, 2024.
UP DGP Prashant Kumar, however, said he has directed the additional director general (ADG) of law and order, Amitabh Yash, to form an SIT led by a senior IPS officer above the rank of SP, as directed by the high court. He stated that the relevant officials have been instructed to submit their findings within two months.
The order was issued by a division bench consisting of Justice Vivek Chaudhary and Justice Narendra Kumar Johari in response to a petition filed by an elderly woman, Gomati Mishra.
The petitioner brought a serious allegation before the court, claiming that her son was arrested by the police on the intervening night of March 30 and 31, 2024, as recorded on a CCTV camera at the petrol station where the arrest occurred. However, the arrest record shows him being arrested a day later, in a theft case. She further alleged that her son, who holds an MBA degree and has no criminal record, was falsely implicated in the theft case because he refused to provide his taxi to Abhishek Agrawal, an IPS officer and the SP, Rae Bareli.
The court noted that despite repeatedly granting time, the respondent police officers were unable to explain why they hadn’t investigated the alleged arrest on the intervening night of March 30 and 31.
“In these circumstances, we find it appropriate to refer the matter to the director general of police, U.P., Lucknow, who shall have an SIT constituted with members superior to the implicated police officers, including Abhishek Agarwal, IPS, superintendent of police, Rae Bareli, to investigate the entire incident. The report of the SIT should be submitted to this court within two months. List this case on July 3, 2024, at 2:15 pm,” the court ordered.