The Allahabad High Court on Thursday directed the state government to file an affidavit and apprising it of the status of investigation in an alleged fake encounter case.
The Bench comprising Justice Pankaj Mithal and Justice S S Shamshery passed the order on a petition filed by Shivangi Yadav, the widow of Pushpendra Yadav, who was allegedly killed in a fake encounter on the intervening night of October 5 and 6 last year.
Alleging fake encounter by the then Moth SHO Dharmendra Singh Chauhan, the petitioner contended that it was a fit case for the transfer of investigation to an independent agency.
The police on the other hand rejected the allegations, saying they had fired in self-defence.
According to the petitioner, Chauhan had taken Rs 1 lakh from the deceased for releasing his truck.
She alleged that her husband was killed after he demanded the money back as the truck was not released.
Pushpendra was called by the SHO at an unknown place where he was killed, Shivangi Yadav alleged.
The petitioner sought that either the case be transferred to the CBI or the state government be told to form a special investigation team.
After the encounter, police had claimed that three motorcycle-borne men, including Pushpendra Yadav, had accosted a team by the SHO on the Kanpur-Jhansi highway near the Bamrouli crossing.
According to them, Pushpendra Yadav fired at Dharmendra Singh and took away his car.
Later around 3 am, police claimed to have spotted the trio with the SHO's car near Garotha and killed Pushpendar Yadav in an encounter.
The court has fixed February 19 as the next date for hearing.
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