FARUK KHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) SINCE these two petitions namely Misc. Criminal Case No. 3084 of 2003 and Misc. Criminal Case No. 236 of 2004 filed under Section 439 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') by applicants -Faruk Khan and Shital Chandra arise out of Crime No. 334 of 2003 registered in BALCO Nagar Police Station for the offences punishable under Sections 147,323,333,342,353 and 506 read with Section 149 of the Indian Penal Code, they are disposed of by this common order.

(2.) THE applicants are two of the accused persons in the said case. It is submitted that there are seven accused in the said case including the applicants. The said case was registered on the complaint filed by Shiv Govind Choubey, a Police Constable attached to BALCO Nagar Police Station, stating that he was working in BALCO Nagar Police Station and on 15-10-2003 he along with R. Sanjeet Jha, another Constable, went to BALCO Town for night patrolling duty. At about 12.30 in the night they found Raju Karsh, Shital Chandra, Babu Sweeper, Manoj alias Salim, Javed Musalman, Farukh Musalman and four other persons near the Bus Stand. All the above persons caught hold of him and R. Sanjeet Jha, took them to Samvedana Karyalaya, situated behind the Bus Stand, which was vacant, and took them inside the Office and Raju Karsh started abusing them saying that they got transferred their Town Inspector by their influence. Thereafter they tied their hands with rope and removed their uniforms and started beating them with slippers, shoes etc. and they also fisted and kicked them and confined them from 12.30 to 5.45 a.m. in the said premises and thus prevented them from performing their duties as Constables. They also threatened him and R, Sanjeet Jha stating that they would kill them and throw their bodies in the gutter. Raju Karsh brought petrol from a vehicle and stated they would burn them with that petrol and it would not be known to any person. He received injuries on his back, checks, stomach and ribs due to the assault and sustained pain in his ear. He has stated that R. Sanjeet Jha also received injuries. After their release in the morning they went to the Police Station and filed the complaint. On the basis of the said complaint the aforesaid crime number was registered against seven accused persons for the commission of the aforesaid offences. Applicants Faruk Khan and Shital Chandra had filed an application namely Misc. Criminal Case No. 2579 of 2003 under Section 439 of the Code before this Court and after taking into consideration the facts and circumstances of the case and the fact that the two Constables were injured, the application was rejected on merits on 24-11-2003.

(3.) THEREAFTER the applicants filed the applications under Section 167(2) of the Code before the Chief Judicial Magistrate, Korba and the said applications were rejected on 17-12-2003. Thereafter the applicants have filed these petitions namely Misc. Criminal Case No. 3084 of 2003 and Misc. Criminal Case No. 236 of 2004 under Section 439 of the Code. After completing the investigation charge-sheet was filed by the police on 13-1-2004, i.e., 87th day after the arrest of the applicants.