BRIJ RAJ MEENA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is a petition under Section 482, Cr. P.C. to quash the chargesheet and the proceedings of Criminal Case No. 2218 of 1996 State v. Brij Raj Meena and others under Sections 147, 148, 504, 506, 323, 343, 395, 100, 217, 384, 297, 320, 193, 176, 177, 302/120-B and 201/34, I.P.C., P.S. Bheempura, District Ballia, pending in the Court of Chief Judicial Magistrate, Ballia.

(2.) The relevant facts are that the petitioner is at present working as Supreintendent of Police. Azamgarh and at the time of incident he was posted as Superintendent of Police, Ballia. The Station Officer, Bheempura Sri Ram Barai Yadav on 7-4-1995 at 1.00 a.m. lodged an F.I.R. at Crime No. 47 of 1995, in which it was mentioned that he along with the police party was on patrol duty when bomb were hurled upon their jeep, in which the Station Officer and the driver of the jeep received injuries. That in this crime one Atal Behari Misra, was over powered by the villagers and during the arrest he also received injuries. He was admitted in the police lock-up at 2.15 a.m. on 7-4-1995. He was examined at P.H.C., Kiraharapur and was also referred to District Hospital, Ballia. He was transported to Ballin District Hospital where he died.

(3.) Later on Umesh Chandra Misra, brother of Atal Behari Misra sent an application on 13-4-1995 to the Inspector General of Police, Gorakhpur Zone and also addressed to the Governor. According to this application, Umesh Chandra Misra and his brother Atal Behari Misra were coming by train. They were both taken into custody by the Station House Officer, Bheempura and the other police personnel assaulted Atal Behari Misra. who died due to injuries in police custody. On this application, the case was entrusted for investigation to C.B. C.I.D. That the case was investigated by three Inspectors of C.B. C.I.D. and one Dy. S.P. Sri Jagdish Pandey and they have submitted that chargesheet for the above offences against the petitioner.