The Allahabad High Court has directed the UP government to file a reply to allegations of a fake encounter by the family of a man killed last year in Muzaffarnagar. Justice J J Munir’s order delivered on Wednesday, but published Saturday, directed the UP government to issue notices to 15 policemen allegedly involved in the October 22 “encounter” in which Budhana resident Furqan was killed.
After Furquan’s death, his father Mir Hassan approached the Muzaffarnagar Chief Judicial Magistrate (CJM) and sought an FIR against police personnel who had killed Furqan in the alleged encounter. On January 16, the CJM impugned the petition citing Furqan was “according to police, a dreaded criminal with a history of crime… and the matter was pending before a sub-divisional magistrate”.
Syed Farman Ahmad Naqvi, the counsel for Mir Hassan, then moved the High Court this month, arguing that police had kidnapped Furqan and then killed him. Police also allegedly threatened Furqan’s family and refused to hand over copies of the FIR of the encounter and the autopsy report.
“The submission of the learned counsel for the revisionist is that the application under Section 156 (3) CrPC. has been rejected… by the Chief Judicial Magistrate, Muzaffar Nagar by entering into merits of the allegations which in the submission of the learned counsel is beyond the scope of proceedings under Section 156(3) Cr.P.C. Pending admission issue notice to opposite party nos.2 to 16 returnable within three weeks,” Justice Munir said in his order.
“Learned AGA (additional government advocate) may also file his return within the same period of time on behalf of opposite party no.1 (State of UP),” the order said.