Court Cites Inconsistencies in Police Narrative; Stays Trial Court Order Against Chotkau Alias Allauddin
In a significant development, the Allahabad High Court, presided over by Justice Subhash Vidyarthi, has ordered a Central Bureau of Investigation (CBI) probe into the alleged police encounter involving Chotkau Alias Allauddin in Shravasti district, Uttar Pradesh. The court's directive comes amid allegations of a fabricated First Information Report (FIR) and a staged encounter by the police, raising serious questions about the integrity of the law enforcement process.
The case stems from an FIR lodged by Station House Officer (SHO) Ashwini Kumar Dubey on May 12, 2025, against Allauddin for offenses under Section 109 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and Section 3/25 of the Arms Act. The FIR narrates a scenario where Allauddin allegedly fired at a team of 23 police personnel during an encounter, leading to his arrest. However, the court found several inconsistencies in the police account, including the impracticality of 13 officers traveling in a single vehicle and contradictory statements regarding the encounter.
The court's order for a CBI investigation highlights a broader concern over the misuse of police encounters, which have been criticized for being used as a tool for extrajudicial actions. The High Court noted that the police narrative lacked credibility and procedural adherence, emphasizing the need for an independent inquiry to ensure accountability and justice.
The court also referenced the Supreme Court's guidelines in People's Union for Civil Liberties v. State of Maharashtra (2014), underscoring the necessity for mandatory procedures in cases of police encounters resulting in grievous injuries or death. The guidelines prohibit immediate gallantry awards or promotions for officers involved in encounters until a thorough investigation confirms the encounter's genuineness.
Justice Vidyarthi's order has stayed the trial court's decision to frame charges against Allauddin, citing the need for a reevaluation of the discharge application with adequate legal aid provided to the accused. The court's intervention reflects a commitment to upholding judicial oversight over law enforcement actions and preventing the misuse of authority.
The CBI has been tasked with conducting an expeditious investigation, with a report due within three months. The case will be revisited on November 23, 2026, with the court awaiting further developments in the probe.
This judgment underscores the judiciary's role in ensuring that the power to punish remains within the court's domain, not with law enforcement agencies. The case has attracted significant public attention, highlighting ongoing concerns about police accountability in India.
Bottom Line :
Discharge application under Section 528 BNSS - Police encounter narratives scrutinized - Allegations of false encounter and fabricated FIR by police - Non-compliance with Supreme Court guidelines in police encounters - Inquiry by CBI directed to assess accuracy and procedural adherence of police actions.
Statutory provision(s):
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 109, Arms Act, 1959 Section 3/25
Chotkau Alias Allauddin v. State of U.P., (Allahabad)(Lucknow) : Law Finder Doc id # 2963457
