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Court Action Against Alleged Police Misconduct: FIR Filed, IPS Officer Dismisses Claims

An FIR has been filed against IPS officer Amit Kumar II and 18 police personnel in a kidnapping and extortion case. Indian Masterminds investigates both sides of the matter, examining the case's progress and legal proceedings.
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An FIR has been filed against 2015 batch IPS officer of UP cadre, Mr Amit Kumar II, along with 18 other police personnel, following an order from the Chief Judicial Magistrate (CJM) court concerning the alleged kidnapping and extortion involving dismissed head constable Anil Singh. The case revolves around accusations of illegal custody, kidnapping, and extortion, with the victim claiming to have been falsely implicated in a criminal case.

Speaking with Indian Masterminds, IPS Amit Kumar denied all allegations, stating, “I was not posted in Chandauli when Anil Singh made any allegations or when any inquiry by Vigilance or other agencies took place. These issues occurred long before my arrival as SP, so the question of any vengeful action does not arise.”

Meanwhile, the Ghazipur (where the case was registered) police have dismissed (expunged) the registered case, stating that the facts were incorrect. A crime dismissal report for the entire case will be submitted soon under Section 182.

The Allegations

Anil Singh, a dismissed constable from the Chandauli district police in Uttar Pradesh, has accused IPS Amit Kumar II and other police personnel of kidnapping him in September 2021. Singh, who was allegedly involved in exposing corruption within the Chandauli police department, was reportedly abducted. Singh’s daughter’s timely intervention, which involved contacting the emergency helpline (112), eventually led to his rescue. Singh alleges that he was held illegally for two days.

The FIR registered in September 2024 names Amit Kumar, SWAT Inspector Rajiv Kumar Singh, Inspector Ajit Kumar Singh, and other police officials from Chandauli and surrounding districts.

Amit Kumar’s Denial

Amit Kumar II, who currently serves in Gautam Buddha Nagar, has denied all the charges. He maintains that the allegations are baseless, stating, “I was not even posted in Chandauli at the time these incidents allegedly occurred.” He asserts that the charges are part of an attempt by Anil Singh to avoid prosecution and the attachment of his assets, as Anil Singh has a long Criminal history including – Bus loot, Extortion, Dacoity, Forgery, Cow Smuggling etc. beginning 2003 and had been implicated in multiple criminal cases, including a cow smuggling case under the UP Gangsters Act.

Amit also suggests that Singh’s claims are an effort to discredit the police and avoid the consequences of his criminal involvement in cattle smuggling. Kumar emphasized that Singh’s attempts to fabricate claims against him were made to retaliate against legal actions taken against him by the police.

The Extortion and Corruption Allegations

Singh’s FIR alleges that, prior to his dismissal in 2021, he had uncovered a network of police officers involved in extorting money from the public. He claims that he was dismissed in retaliation for exposing corruption. Singh further alleges that the then-SP of Chandauli, along with other officers, had extorted approximately ₹12.5 lakh every month from the local population.

According to the FIR, Singh’s kidnapping was in direct response to his attempts to expose the corruption. The charges of extortion were initially brought to light during a Vigilance inquiry conducted in 2021, which corroborated Singh’s claims. Singh’s life was spared only due to the intervention of his daughter, who alerted the authorities.

However the district authorities have clarified that the dismissal of Anil Singh was not in connection of any Viral List but rather in connection with the extortion charges that were made against him in the year 2019.

The Legal and Judicial Process

The FIR was registered after the CJM court’s order on September 21, 2024, following Singh’s repeated allegations and a vigilante investigation into the case. The case stems from Singh’s accusations, which were initially filed in 2021 under Section 156 (3) of the Criminal Procedure Code (CrPC). Singh alleged that the police were attempting to cover up illegal activities related to cow smuggling and extortion.

Previous Criminal Background of Anil Singh

It is worth noting that Anil Singh himself has a long history of criminal involvement. According to IPS Amit, “Prior to the allegations against the police officers, Singh had been dismissed from the force in 2021 due to his alleged involvement in multiple crimes, including cattle smuggling, extortion, and fraud.” Singh had previously been accused of engaging in organized crime, including smuggling cattle for illegal slaughter. He faced several FIRs, including those related to cow slaughter under the UP Cow Slaughter Prevention Act and various charges of cheating, forgery, and corruption.

Singh’s criminal activities were documented in several FIRs spanning different years, and his dismissal from the force was linked to these allegations. In addition, an FIR under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act (UP Gangster Act) was filed against him in 2022.

Timeline of Allegations and Investigations:

  1. 2003: Singh was implicated in a bus looting case in Haridwar while still in service.
  2. 2012: FIR filed against him for extortion under the Prevention of Corruption Act.
  3. 2019: Singh was suspended for extorting money from truck drivers in Chandauli.
  4. 2021: Singh was dismissed from service for his involvement in extortion cases and cow smuggling activities.
  5. 2022: FIR filed against Singh under the UP Gangsters Act and charges of cheating and fraud.
  6. 2024: The court reinstated Singh in the police force, but his previous dismissal was not reversed.

Key Legal Issues

The case raises important legal issues, particularly regarding the procedural handling of the FIR. Singh’s application under Section 156(3) CrPC, which led to the registration of the FIR, was based on allegations of a conspiracy to kidnap and frame him. However, legal experts argue that the registration of the FIR against government servants, especially without prior approval under Section 197 of the CrPC, could be considered a misuse of the judicial process.

Moreover, in previous similar cases, the Supreme Court had ruled that prior approval from the government was necessary before taking cognizance of allegations against public servants under Section 156(3) CrPC. These procedural concerns are now being raised as grounds for contesting the order issued by the CJM court.

Further Legal Developments

The legal proceedings in this case are still ongoing, with both sides presenting contrasting versions of events. Singh’s petition to quash the FIR filed by the police is still under consideration by the Hon’ble High Court, and the future of the case hinges on whether the judicial process has been correctly followed in registering the FIR and whether the charges against the accused officers hold merit.

Who is IPS Amit Kumar II?

IPS Amit Kumar II joined the Indian Police Services after successfully clearing the UPSC CSE-2014.

Originally from Delhi, he comes from a family with a strong background in service, as his father served in the CRPF. Amit holds a B.E. in Electronics and Computer Science and an MBA in Finance from IIM Ahmedabad.

Before entering civil services, he worked as a Business Consultant in Los Angeles, earning around $150,000 per year. Despite his successful career abroad, he chose to return to India to serve the public by joining the IPS.

Before his current posting in Gautam Buddha Nagar, Amit served as the SP in Chandauli and has also worked in Aligarh district.

More investigation needed

The case has sparked significant public interest due to its implications for police accountability and the functioning of law enforcement agencies in Uttar Pradesh. Given that the individual was earning crores in the private sector, it raises questions about how he could have demanded just 12.5 lakh, suggesting that the situation may not be as straightforward as it appears. This raises concerns that there may be more to the story, requiring further investigation.

As the investigation unfolds, the ongoing court proceedings will be crucial in determining whether the charges against IPS officer Amit Kumar II and his colleagues are substantiated, or if the case is part of a larger conspiracy aimed at framing them.

Note: Section 182 of the Indian Penal Code (IPC) of 1860 deals with the punishment for providing false information to a public servant with the intent to cause them to act on that information. Under Section 182, if a complainant gives false information about a crime to the police, they can be held liable for legal action. This section ensures accountability for those who mislead authorities, potentially causing wrongful actions or investigations based on false claims.


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