KAMLESH KUMAR DWIVEDI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri J.P. Mishra, learned counsel for applicant and learned AGA for State. None has appeared on behalf of respondent-2, though called twice. Hence I proceed to decide this application after having heard learned counsel for applicant and learned AGA.

(2.) This application under Section 482 Cr.P.C. has been filed by Kamlesh Kumar Dwivedi-sole applicant with a prayer to quash Charge Sheet No. 27 of 2006 dated 11.04.2006 filed in Case Crime No.1164 of 2006, under Sections 306 IPC, Police Station Kotwali Mahoba, District Mahoba.

(3.) Facts, in brief, in the present case are that Opposite Party-2 Ram Narayan Prajapati, father of Dhirendra Pratap Singh lodged First Information Report (hereinafter referred to as "F.I.R.") at Police Station-Kotwali Mahoba, District Mahoba stating that his son was a student of Class-XII. After Deepawali vacation, he had come to school from his house and was residing in hostel. On 20.11.2004, Principal, K.C. Pandey from Jawahar Novoday Vidyalaya, Mahoba suddenly informed on telephone at around 02:30 A.M. that his son is missing from hostel and Informant was required to reach Mahoba to search him out. Informant was working in a Development Block, Sumerpur, Hameerpur and he was employed in National Pulse Polio Project. He could not come immediately. His younger brother Haldhar Prasad reached school at 10:00 A.M. and on enquiry, Principal told him that dead body of Informant's son Dhirendra Pratap Singh was lying at Railway Gate, Kidari. Informant further alleged that whenever his son used to come at his residence, he complained that his Principal K.C. Pandey and House Master Mr. Dubey beat him badly and also treated him with abusive language and used to cause to him mental torture. Therefore, he had doubt that both i.e. K.C. Pandey and House Master, Mr. Dubey are responsible to force his son to commit suicide due to excessive beating and torture.