(v) CBCID ignored the telegraphic complaint sent to the Commission on 10.02.2009. Viresh may have stated before CB/CID that he had not sent the telegram but the fact remains that the telegram complaining of fake encounter was received in the Commission. (vi) Kailashi Devi had stated that she was accompanied by Narender Singh s/o Hotilal to P.S. Sasni Gate on 10.02.2009. CB-CID however recorded statement of Narender Singh s/o Ghanshyam Das. (vii) CB-CID did not examine Gaindalal Baghel or Hanuman who had gone with Kailashi Devi to the police station on 10.02.2009. (viii) Constable Rakesh who allegedly sustained a bullet injury in the incident stated during the magisterial enquiry that he had been taken to J.M.Medical College Aligarh for treatment. The medical record of J.N. Medical College was not seized by CBCID. Instead the record of Varun Hospital was seized. 4.136 In view of infirmities mentioned above, the Commission in its proceedings dated 18.12.2013 declined to accept the investigation report of CB-CID. On consideration of statements made by Kailashi Devi and other independent witnesses during magisterial enquiry, the Commission found that the police version of the incident was not credible. Hence, the Commission directed to issue a notice u/s 18 of Protection of Human Rights Act, 1993 to the Government of Uttar Pradesh requiring it to show cause why monetary relief be not given to the next of kin of deceased Rakesh alias Chache. 4.137 In its response to the show cause notice, the State Government contended that the encounter was genuine and also forwarded a report of Superintendent of Police, CB-CID with its reply. 4.138 Superintendent of Police, CBCID submitted in the report that the record of police control room was weeded out in accordance with rules. He also pointed out that the police vehicle which was damaged by a bullet in the incident was mechanically inspected by Sr. Foreman Raj Kumar Jain on 13.03.2009. It was further stated in the report that Kailashi Devi had admitted in her statement before CBCID that she had not gone to the police station or police post on 10.02.2009. As regards non examination of Gainda Lal Baghel and Hanuman, it was explained that Hanuman was a co-accused with deceased Rakesh alias Chache in several criminal cases. 4.139 Upon consideration of the response of the State Government, the Commission vide its proceedings dated 30.04.2014 observed as under: “We are not impressed by the explanation given by S.P. CBCID. The record of police control room may have been weeded out on 16.02.2010 in accordance with rules. The 58 National Human Right Commission Annual Report - 2014-2015