RAJENDRA NATH BAJPAI Vs. STATE OF U.P.

JUDGEMENT

(1.) Sri Jyotindra Misra, Senior Advocate, assisted by Sri Kapil Misra, Advocate has appeared for applicant and learned A. G. A. for State of U. P. Opposite party 2 was issued notice and as per report dated 29. 11. 2010 submitted by Chief Judicial Magistrate, Bareilly, notice has been served upon opposite party 2 but he has not chosen to appear either in person or through counsel. In fact opposite party 2 is an officer of Police Department, hence learned A. G. A. stated that he represent both opposite parties. In the circumstances, I have heard the matter finally and this application is being decided by this judgment.

(2.) This is an application filed under Section 482 Cr. P. C. with the prayer to quash order dated 03. 9. 2004 passed by Sri Shamshad Ali, Additional Sessions Judge/F. T. C. No. 2, Lakhimpur Khiri in Sessions Trial No. 610 of 2001 arising from Case Crime No. 135 of 1998 summoning applicant under Section 319 Cr. P. C. , for trial in offence under Section 271 , 201 IPC.

(3.) Facts giving rise to this application are that a First Information Report (hereinafter referred to as "FIR") being Case Crime No. 135 of 1998 dated 14.1.1997 was registered at Police Station Kotwali, Lakhimpur Khiri, under Sections 218 , 201 , 217 IPC on the information given by Surendra Singh Dongari, Inspector Mahila Sahayata Prakoshth, Apraadh Anusandhan Vibhag, Zonal Office, Bareilly alleging that investigation in Case Crime No. 35/97 under Section 498A , 304B IPC read with 3/4 Dowry Prohibition Act was conducted by Informant against accused Anil Kumar son of Hari Nandan Prasad, Hari Nandan Prasad son of Jhamman Lal, Mahendra Pratap son of Rajendra Prasad and Rajendra Prasad son of Jhamman Lal resident of Village Sakethu, Police Station Neemgaon, District Lakhimpur Khiri. Informant Investigting Officer found that Sunita alias Anita Devi daughter of Jayendra Singh, who was Complainant/Informant of FIR, registered as Case Crime No. 35 of 1997 was admitted in Government Hospital, Sadar, Lakhimpur Khiri on 14. 01. 1997 for treatment of burn injuries. Dr. A. V. Singh of the Hospital sent a written memo through Ward Boy Shri Ram for recording statement of Smt. Sunita Devi, victim, which was entered by Constable No. 33 Manmohan Dayal in G. D. No. 5 dated 14. 01. 1997 at 1:15 A. M. As per opinion of Dr. A. V. Singh, victim was burnt at the level of Grade 1-C and Grade-III and at that time she was whispering something. Head Constable Manmohan Dayal informed the then Additional Tehsildar Sri Chhote Lal for recording her statement through Home Guard Shiv Kumar at 2:15 A. M. , but, Chhotey Lal, Additional Tehsildar reached hospital with delay of almost 10 hours i. e. at 11. 30 A. M. and at that time, Dr. S. M. Malik was on duty. The aforesaid Additional Tehsildar recorded statement of victim without having medical certificate of condition of victim from aforesaid doctor and also did not record statement as spoken by her i. e. Smt. Sunita Devi (the victim) with an intention to help accused persons and recorded wrong dying declaration. FIR, therefore, was lodged against Sri Chhotey Lal, Tehsildar for committing offence under Sections 218 , 201 , 217 IPC. After investigation, charge sheet was submitted, against Chhotey Lal who, by that time, had retired, vide charge sheet no. 135/98 under Sections 217 , 218 , 201 IPC and criminal case was registered as Sessions Trial No. 610 of 2001.