Annual Report 2009-2010 4.137 An inquiry into the alleged encounter was conducted by the Sub-Divisional Magistrate, Amethi. On consideration of the evidence, the Magistrate concluded that the police action was justified. The Commission observed that according to the complainant, the incident occurred near a cinema hall. The police on the contrary claimed that the encounter took place near a railway crossing. The police claimed recovery of GMM Carbine, a revolver and a rifle besides stolen currency notes from the dead bodies of the deceased. For the said reason, the Commission felt that an examination of the seizure memos was also required. Further, the magisterial enquiry report mentioned that the two witnesses, namely, S.P. Gaur and Navin Kumar had identified one of the deceased persons as being involved in the bank robbery. If that was so, the FIR of the bank robbery case was equally relevant for the purpose of enquiry in this case. Since the two police officers, namely, Yashwant Singh and I.P. Singh were stated to have sustained gun shot injuries in the incident, the medico-legal reports of the said two officers was required for the purpose of enquiry as well. 4.138 The Commission called upon the Superintendent of Police, Sultanpur to send the medicolegal reports of Yashwant Singh and I.P. Singh along with the seizure memos of currency notes and weapons, the inquest report and the postmortem reports of the deceased persons, and a legible copy of the FIR in the bank robbery case. 4.139 It further directed that a team from the Investigation Division of NHRC be deputed to visit the spot and examine all the persons who appeared as witnesses during the magisterial inquiry including such other witnesses as it may consider relevant. The team was asked to collect the inquest reports, postmortem reports and a copy of the FIR relating to the commission of robbery in the Bank of Baroda at Raniganj. 4.140 The NHRC investigation team found many loopholes in the police version. Considering the circumstances of the case and the reports submi�ed by the investigation team, the Commission observed that a thorough investigation of the case by an independent agency is necessary to find out the truth. It, therefore, directed the Principal Secretary, Home Department, Government of U�ar Pradesh to order a CB-CID enquiry of the incident and submit the investigation report. 4.141 The enquiry report of the CB-CID is awaited. Meanwhile the Commission passed directions that a copy of the report submi�ed by the Fact Finding Team of the Investigation Division be sent to the Sate Government to facilitate investigation by the CB-CID. The response from the State Government is awaited and the ma�er is under consideration of the Commission. 25. Killing of Kuldeep Singh in Fake Encounter in District Muzaffarnagar of U�ar Pradesh (Case No.24389/24/2003-2004-FC) 4.142 One Harpal Singh of village Fahimpur Kalan in District Muzaffarnagar of U�ar Pradesh made a complaint to the NHRC alleging that his younger son Kuldeep Singh had been eliminated by the local police in the guise of an encounter on 23 October 2003. He alleged that one Sachin Jain, an informer of police, had taken away his son in the morning of 23 October 2003 and therea�er he never returned home. In the year 1999, his elder son too had been killed in a police encounter. NHRC 37