State v. Uttarakhand Police Head Constable (No. 41 AP)
The trial court on 24 December 2014 convicted [name withheld] and fellow escort constables under IPC section 223 for negligently allowing undertrial Gulzar Khan to escape with handcuffs after the escort party fell asleep in the train from Haldwani to Dehradun on 12 August 2005, an FIR lodged by [name withheld] himself; each drew 3 months' simple imprisonment and a Rs 500 fine. On 7 January 2015 the Uttarakhand High Court (U.C. Dhyani, J., Criminal Appeal No. 3 of 2015) affirmed the convictions but released the appellants on probation under section 4 of the Probation of Offenders Act, with section 12 removing disqualification. CAVEAT: exact trial court name and co-appellant names not stated in the appellate judgment.
This page documents a trial-court conviction from the cited sources below. It is not a High Court or Supreme Court finding; the conviction may have been appealed. Findings are attributed to the convicting court; this record does not add findings of its own.
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By judgment dated 24 December 2014, the Magistrate court, Haridwar jurisdiction (exact court unstated in appellate judgment; probation bonds ordered before 1st Additional Sessions Judge, Haridwar) convicted 2 police personnel, namely: Head Constable (No. 41 AP), Uttarakhand Police (escort party, Haldwani to Dehradun); Constable, Uttarakhand Police (escort party).
- Register number
- UK 08 CW 0001
- Case reference
- State v. Uttarakhand Police Head Constable (No. 41 AP); reported in the judgment of the Uttarakhand High Court
- Court and date
- The Magistrate court, Haridwar jurisdiction (exact court unstated in appellate judgment; probation bonds ordered before 1st Additional Sessions Judge, Haridwar), 24 December 2014
- Officer(s) at the material time
- Head Constable (No. 41 AP), Uttarakhand Police (escort party, Haldwani to Dehradun); Constable, Uttarakhand Police (escort party)
- Present service status
- Not ascertained from the cited sources.
- Provisions invoked
- Section 223 of the Indian Penal Code, 1860
- Finding of the Court (extract)
- “The conviction of the appellants under Section 223 IPC is, therefore, affirmed.”
- Verdict, sentence and quantum
- Conviction recorded by the trial court. Sentence: 3 months simple imprisonment + Rs 500 fine each
- Present status of the proceedings
- The conviction was affirmed in appeal.
Compiled from the judgment and the cited sources. Findings are those of the court; this card adds none of its own.
Magistrate court, Haridwar jurisdiction (exact court unstated in appellate judgment; probation bonds ordered before 1st Additional Sessions Judge, Haridwar) convicted the accused police personnel on 24 December 2014. The conviction was upheld on appeal. Appeal text.
Sentence & charges
Sentence: 3 months simple imprisonment + Rs 500 fine each
Sections: IPC 223
Appeal status
Upheld on appeal. Appeal text