Threats judge's wife by lawyer, formation of SIT to probe FIR: SC

The Supreme Court ordered the Director General of Police in Uttar Pradesh to form a Special Investigation Team to investigate a FIR filed by the wife of an Additional District Judge alleging a threat by a Lawyer.

The bench of Justices Surya Kant and Abhay S. Oka ordered that the petitioner not be arrested for two weeks so that he may apply for pre-arrest bail before the proper forum.

In this instance, the wife of a Judicial Officer filed a First Information Report (FIR) against the petitioner (Amit Kumar Jain), alleging that he was threatening her. She sought appropriate protection for her family, citing multiple instances of threats.

The petitioner was consequently charged under Sections 452, 387, 353, 506, and 507 of the Indian Penal Code. Before the Allahabad High Court, he contested the FIR on the grounds that the Judicial Officer and his wife were complicit in the crime.

The Allahabad High Court denied Amit Kumar Jain's petition to transfer the case to another investigating agency, stating that the allegations were neither specific nor substantiated, and that there was no reason to question the impartiality of the Investigating Officer.

The Supreme Court ordered SSP to oversee the investigation into this matter.

The Petitioner had filed a Special Leave Petition with the Supreme Court challenging the Allahabad High Court's ruling.

Counsel for Ms. Preetika Dwivedi requested two weeks to file a counter-affidavit and an Action Taken Report.

To ensure that F.I.R. is investigated in a fair, impartial, and dispassionate manner, the Supreme Court ordered the Director General of Police of Uttar Pradesh to form a Special Investigation Team (SIT) led by a directly recruited IPS Officer and consisting of two additional Members with the ranks of Dy. SP and Inspector.

In light of the preceding, the Supreme Court scheduled the case for 22 August 2022.

D.D:01-08-2022

Amit Kumar Jain  Versus State Of U.P. & Ors.