19. Death of a Person in Police Encounter in Varanasi, Uttar Pradesh (Case No. 7477/24/2006-2007) 4.121 The Commission received an intimation dated 22.5.2006, from Senior Superintendent of Police, Varanasi about the death of one Budhesh Mishra in an encounter with police in the area of Police Station Lanka, Varanasi, Uttar Pradesh. As per the intimation, two motorcycle borne criminals were seen in suspicious circumstances. They ignored the signal to stop and on being chased by the police, they fired at the police party. In the ensuing encounter, one of them was killed and the other managed to escape. Later on, it was found that shortly before the alleged encounter, deceased Budhesh Mishra and his companion had robbed one Himanshu Pandey of his motorcycle bearing No. UP 65 Z 3169. This very motorcycle was recovered from the place of alleged encounter. 4.122 The Commission took cognizance of the intimation and directed Director General of Police, Uttar Pradesh, and Senior Superintendent of Police, Varanasi, Uttar Pradesh to take appropriate action with regard to the investigation of the case as per guidelines laid down by the Commission. 4.123 Pursuant to the directions of the Commission, Senior Superintendent of Police, Varanasi reported that investigation of Crime Nos. 185 & 186 of 2006 u/s 307 IPC and 3/25 Arms Act respectively registered in connection with the aforesaid incident were transferred to SIB and District Magistrate, Varanasi was also requested to order magisterial inquiry into the death in an encounter. 4.124 During the course of magisterial inquiry, the relatives of the deceased alleged that Budhesh Mishra had been picked up by the police from the village on the night preceding the encounter. Their testimony was discarded by the Magistrate. 4.125 The Commission felt that objective analysis of the evidence had not been made by the Magistrate. Therefore, the Commission vide its proceedings dated 22.07.2010 directed the State Government to have the incident investigated by CB CID. 4.126 The report of CB CID investigation was forwarded to the Commission by Special Secretary, Government of Uttar Pradesh vide communication dated 30.3.2012. The investigating agency concluded that the encounter was genuine. 4.127 Upon consideration of the CB CID report, the Commission vide its proceedings dated 29 August 2013 observed and directed as under: “On careful examination of the CB CID report, however, we are unable to agree with the findings. We are of the considered opinion that CB CID only tried to hush up the 54 National Human Right Commission Annual Report - 2014-2015