P MAHALINGAM Vs. MONICA KUMAR

JUDGEMENT

(1.) Criminal Appeal No.2323 of 2011 (Arising out of Special Leave Petition (Crl.) No. 666 of 2010) Leave granted.

(2.) This is an appeal by way of special leave under Article 136 of the Constitution against the order dated 05.12.2009 of the Division Bench of the Allahabad High Court dismissing the Criminal Misc. Writ Petition No.23839 of 2009 of the appellants.

(3.) The relevant facts as stated in the Special Leave Petition briefly are that the appellants studied M.B.B.S. course in the Santosh Medical College at Ghaziabad in Uttar Pradesh and respondent No.2 is the Chairman of the Maharaji Educational Trust which has established the medical college. The appellant No.1 filed Writ Petition No.33 of 2009 in this Court under Article 32 of the Constitution complaining of harassment by respondent No.2 and by the police and on 13.05.2009, this Court passed orders directing issue of notice in the writ petition. On 22.05.2009, the Registrar of this Court directed that the notice be served by way of dasti on the unserved respondents in the writ petition. When the appellants went to serve the respondent No. 4, who was then the SHO of Police Station Sector 39, NOIDA, Gautam Budh Nagar, U.P., on 28.05.2009 at about 10.30 A.M., the respondent No.4 and his subordinates started brutally assaulting them with lathis, shoes and fists and caused numerous injuries on all parts of their bodies. Thereafter, the appellants got themselves examined at Lok Nayak Government Hospital, New Delhi, and an x-ray of the hand of appellant No.1 was also taken which disclosed a fracture and thus her left hand was put in plaster. The appellants made a written complaint to the Senior Superintendent of Police, NOIDA, on 29.05.2009 but he refused to accept the complaint.