UP Government Ordered
to Pay ₹50,000 Compensation to Accused; High Court Takes Strict Stance on
Furnishing False Information Regarding Criminal Record
Following a verdict by the Allahabad
High Court, an accused individual—who fell victim to a police error and spent
15 days in jail—has finally received justice. Notably, the Allahabad High Court
recently directed the Uttar Pradesh government to pay ₹50,000 in compensation
to the accused, as the police had opposed his bail plea by providing false
information regarding his criminal history.
The Allahabad High Court issued this
order while hearing the case titled *Furqan vs. State of Uttar Pradesh*. The
case dates back to November of last year, when the police arrested Deshwal
Furqan in connection with the theft of a Santro car. After court proceedings
spanning approximately four to five months, the accused was released on March
10.
**Police Furnished
False Information**
Subsequently, Deshwal Furqan's counsel sought action against
the police department and filed a petition in the Allahabad High Court. The
counsel argued that the accused should have been released as early as February
23; however, he remained in jail for an additional 15 days because the police
falsely claimed that 12 cases were registered against him in his criminal
record, whereas, in reality, there were only five cases.
**Order for ₹50,000
Compensation**
Upon examining the petition, the Court
found that false information had indeed been furnished by the Investigating
Officer. The Court noted that the accused had already provided clarifications
regarding the five cases recorded in his criminal history. During the hearing,
Justice Arun Kumar Singh directed the State Government to pay ₹50,000 in
compensation to the applicant within one month from the date of the order.
**Court Adopts a Strict Stance**
Justice Arun Kumar Singh further
observed that, although there appeared to be no malicious intent on the part of
the Investigating Officer, their negligence nonetheless resulted in a citizen
being wrongfully detained in jail for 15 days. It is noteworthy that when the
accused challenged the claims made regarding their criminal history, the Court adopted
a strict stance on the matter. Consequently, the Court summoned the Additional
Director General (Technical Services) of Lucknow.
**Omission by the
Investigating Officer**
Appearing via video conferencing on
March 10, ADG Naveen Arora acknowledged that an omission had occurred on the
part of the Investigating Officer. He explained that the criminal record of any
accused person can be easily accessed through the CCTNS system. Arora further
stated that the Joint Director of Prosecution at the Allahabad High Court had
been provided with access to view case diaries via the ICJS system; however,
due to a shortage of staff, this facility had not been utilized.
Subsequently, the Court directed the Director of Prosecution
to deploy adequate staff to the office of the Joint Director of Prosecution to
ensure that the ICJS facility is utilized effectively and that there are no
delays in the workflow.