BAKSHI KA Talab police station in Lucknow late Monday released a lawyer along with his wife and son “on bail” following their arrest for allegedly abusing Sub-Divisional Magistrate (SDM) Jyotsana Yadav and snatching her cellphone in Mampur Bana village, where she had led a team to free land allegedly encroached by the family.
On a complaint lodged by Yadav on Monday, an FIR was lodged under sections 332 (voluntarily causing hurt to deter public servant from his duty), 323(voluntarily causing hurt), 353 (assault or criminal force to deter public servant from discharge of his duty), 392 (robbery), 504 (intentional insult with intent to provoke breach of peace) and 506 (criminal intimidation) of the IPC at Bakshi Ka Talab police station.
The lawyer, Awadhesh Dwivedi and wife Asha Devi were arrested on Monday following the SDM’s complaint. Their minor son was also taken into custody. Late at night, they were released on bail from the police station on “medical grounds” despite being booked under several non-bailable charges.
Expressing disappointment, Yadav — the Bakshi Ka Talab SDM — on Tuesday said she would write to the police registering her protest.
Police station in-charge Udaiveer Singh said Dwivedi was suffering from “several diseases”. He claimed that under the Code of Criminal Procedure (CrPC), the investigating officer of a case has the power to grant bail from the police station.
Bakshi Ka Talab Circle Officer Amita Singh added: “Dwivedi complained that he is diabetic. His wife also complained that she has a serious sugar problem. Dwivedi even fainted at the police station. Bail was given to them on medical grounds. The minor son was also granted bail, as he was their only attendant.”
She added that while Dwivedi has been lawyer, it is not clear whether he still practices. “He was convicted in a case of murder in Sultanpur district a few years ago and is currently out on bail,” said the CO.
SP (Rural) Satish Kumar said he has sought details of the case from the CO. “I have been informed that Dwivedi was granted bail on medical grounds. As it does not appear proper, we have asked for details of the case,” he added.
Despite repeated attempts, Lucknow SSP Deepak Kumar could not be reached for comments.
Police said the SDM had gone to Mampur Bana on Monday to get the disputed land measured and freed of “illegal control” by Dwivedi. “Dwivedi started hurling abuses at the officials, charged at Yadav and snatched her cellphone. His wife and son also allegedly got involved,” said a police officer.
When contacted, Yadav said: “It was a 2013 land dispute case. The accused had erected a small structure on the land. A complaint was filed by one Som Shekhar Dikshit, following which the DM issued an order to get it removed. I was asked to get it measured and freed from encroachment. As soon as I reached the spot, the lawyer started hurling abuses. He charged at me and snatched my phone. The policemen had to intervene. I knew about his reputation so, had gone there with PAC (Provincial Armed Constabulary) personnel.”