Probe into Kanpur businessman's death due to alleged police beating transferred to CBI: UP Govt tells Supreme Court

The State of Uttar Pradesh on Friday informed the Supreme Court that the investigation into death of a Kanpur businessman Manish Gupta who died from injuries sustained after being allegedly thrashed by the police in a Gorakhpur hotel room, has been transferred to the Central Bureau of Investigation (CBI) [Meenakshi Gupta v State of Uttar Pradesh & Anr.].The Bench of Justices DY Chandrachud and AS Bopanna was hearing a plea filed by the widow of the businessman seeking CBI probe into the case besides transfer of the trial to Delhi. She pointed out that she had made a request to the State government to hand over the investigation to the CBI. Yogi Adityanath the Chief Minister of Uttar Pradesh had agreed to the request, stating so at a press conference.In the interregnum, a special investigation team (SIT) was constituted to investigate the matter.However, it was her grievance that in spite of the passage of three weeks, the CBI did not assume charge of the investigation. Hence, she had to move the present plea before Supreme Court. .The State on Friday informed the Court that that the CBI has taken over the probe and produced relevant records to that effect.The CBI after completion of investigation will file the police report under Section 173(2) of the Code of Criminal Procedure (CrPC) before the competent court, and the State has no objection if the trial is conducted at Delhi or at any other place, it was submitted."That… the trial of the case would be conducted before the concerned CBI Court having requisite jurisdiction before which the police report under Section 173(2) Cr.P.C. will be filed after investigation by the CBI. Be that as it may, it is respectfully submitted that the State of UP has no objections if the trial is conducted at Delhi or any other place which this Hon’ble Court may deep appropriate,” the UP government stated in its affidavit..With regard to delay in transferring the matter to CBI, the State counsel informed the Court that it took a decision to get the investigation carried out through an SIT until orders were issued by the Union government for the conduct of the investigation by the CBI. "On October 1, 2021 the Additional Chief Secretary, Department of Home forwarded a communication to the Secretary, Ministry of Personnel, Public Complaints and Pension, Government of India to get the investigation of Case Crime No 391/2021 conducted through the Central Bureau of Investigation under Section 6 of the Delhi Special Police Establishment Act 1946. A notification was issued by the Union government on 22 October 2021, in pursuance of which the CBI has registered FIR No RC0532021S0012, at PS SCB, District Lucknow, Uttar Pradesh," the State further submitted.The aforesaid affidavit also mentioned that the unnamed accused were identified as Sub-Inspector (SI) Rahul Dubey, Head Constable Kamlesh Yadav and Constable Prashant Kumar and their names were included in the FIR.It was further stated that at present six accused, namely, SHO Jagat Narayan Singh, SI Akshay Mishra, SI Vijay Yadav, SI Rahul Dubey, Head Constable Kamlesh Yadav and Constable Prashant Kumar have been arrested and are lodged at District Jail, Gorakhpur..In view of the above, the Supreme Court expressed satisfaction at the steps taken and disposed of the matter with directions to the State that upon completion of investigation, trial shall be conducted by the CBI Court at Delhi.Gupta and two of his friends were in Gorakhpur to meet a friend when they were thrashed by the Police on September 28 during a late night raid. .[Read Order]