Court orders Additional Director General of Police, Zone Agra, and Commissioner of Police, Jaipur, to submit detailed accounts of the incident involving petitioner's husband injured in alleged staged police encounter
In a significant development concerning police conduct, the Allahabad High Court (Division Bench) on September 2, 2026, took suo moto notice of an alleged fake police encounter involving the husband of the petitioner, Riya Gautam. The petitioner had approached the court asserting that her husband was injured in a staged police encounter, purportedly designed to embellish police achievements.
According to the facts presented, the husband of the petitioner was arrested on December 5, 2025, in Jaipur by a police team from Firozabad, Uttar Pradesh. The petitioner immediately filed a complaint with the Rajasthan police authorities. An inquiry was conducted by the Assistant Police Commissioner, Jaipur, revealing that following the arrest, the husband was duly processed by police and taken into judicial custody before being transferred to Firozabad.
However, the complaint and subsequent investigation revealed inconsistencies between the FIR and the account provided by the Rajasthan police. The FIR claimed that the petitioner's husband and co-accused were located near a cold storage facility and had engaged police officers with firearms, resulting in a gunshot injury to the petitioner's husband during an encounter. Contrarily, the petitioner alleged that the encounter was fabricated.
The court, recognizing the gravity of the allegations, directed the Additional Director General of Police, Zone Agra, to file a personal affidavit detailing the circumstances surrounding the encounter. Simultaneously, the Commissioner of Police, Jaipur, was ordered to submit a comprehensive report on the incident. This dual directive aims to ensure an impartial and thorough investigation into the veracity of the encounter and the conduct of the police officials involved.
The court further instructed that copies of the order be communicated to the Commissioner of Police, Jaipur, through the Registrar General of the Rajasthan High Court. The matter has been adjourned and scheduled for further hearing on September 17, 2026.
This judgment underscores the judiciary's active role in scrutinizing police actions, especially in cases alleging staged encounters, thereby reinforcing the principles of accountability and protection of citizens' rights under the Indian criminal justice system.
Bottom Line:
Allegation of fake police encounter - The court directed the Additional Director General of Police, Zone Agra, to file a personal affidavit regarding the alleged encounter and the Commissioner of Police, Jaipur, to send a report on the incident.
Statutory provision(s):
Not explicitly mentioned in the judgment; however, the case pertains to criminal law principles concerning police conduct and investigation procedures.
Riya Gautam v. State of U.P., (Allahabad)(DB) : Law Finder Doc Id # 2972966