AKHILESH KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This revision is directed against summoning order dated 8th November, 1988, passed by Special Judge, Allahabad appointed and constituted under U.P. Gangster and AntiSocial Activities Prevention Act, 1986, holding that primafacie there are sufficient material to summon the revisionists under the provisions of Section 3 of the U.P. Gangster and Anti-Social Activities Prevention Act (hereinafter called the Act) and that there are sufficient grounds for proceedings against the revisionists for the offences punishable under Sections 147, 451, 395 and 506, I.P.C. and summoning the revisionists for offences under Sections 2(b) (iii)/(C)/3 of the Act and Sections 145,451,395 and 506 I.P.C.

(2.) Facts giving rise to this revision are that opposite party No.2 Ramadevi is wife of one Raj Roop Narain Lal Srivastava; an ex-civil employee of the army. Opposite party No.2 Ramadevi filed criminal complaint against the revisionists and one Dharmendra Nath Singh in the court of the Special Judge (Gangsters Act), Allahabad for offences under Sections 2 and 3 of the Act and Sections 395, 450, 451, 452,147 and 148, I.P.C. She alleged that her husband retired in 1988 and has been in and bed ridden. She and her family have been residing in House No. 95/112, Sarvodaya Nagar, Allahpur, Allahabad. Construction of this house was completed in 1978. It contains small and big rooms numbering in all twenty one. She further alleged that on 1st January, 1987 revisionist No.1 Akhilesh Kumar Singh took a room of the said house from her on monthly rent of Rs. 140/- for fifteen days and promised to vacate the room after the expiry of that period. But after expiry of the period he went out placing his lock on the room. After two months he returned with revisionists No. 2 and 3, namely, Suresh Kumar Singh and Shailesh Kumar Singh and one Dharmendra Nath Singh. When she asked Akhilesh Kumar Singh to vacate room he insisted that his father died and he was under trouble, hence he may be permitted to live for further fifteen days. He asked for three further rooms for fifteen days only for his other three companions whom he described as his guests; After expiry of fifteen days from that, when Akhilesh Kumar Singh and his three companions did not vacate the rooms she insisted upon them to vacate the room. Upon this all the four of them started hurling abuses, extended threats of death and declared that they would never vacate the rooms. On 10th February, 1987 she lodged written report of this incident at police outpost, Allahpur. She submitted applications at the same police outpost on 24th March, 20th April and 10th May, 1987. But the police of the police outpost did not take any action. On 11th August, 1987 Akhilesh Kumar Singh gave in writing to the Incharge, police outpost, Allahpur that he and his co-accused would vacate the house within two months. His co-accused also promised to vacate the house within a two months. On 10th October, 1987 she asked the revisionists and Dharmendra Nath Singh to vacate the house but they abused her and extending threats of death they drove her away. On the same day she gave written information of this incident to Incharge, police outpost, Allahpur. On 3rd November, 1987 at about 12 in the night revisionists and Dharmendra Nath Singh along with fifteen or twenty unsocial elements came. They broke opened locks of eight rooms of the house, looted a sum of Rs. 1100/- belonging to her, burnt the books of her son Radha Krishan and further looted electrical goods, furniture jewellery etc. described in the list. Intimation of this incident was given to Police Control Room. She submitted information of the incident to superintendent of police, city and Incharge of police outpost George Town on the morning of 4th November, 1987. But on this police took no action. On 10th December, 1987 revisionists and Dharmendra Nath Singh forcibly occupied her two rooms. On 10th December, 1987 and 12th February, 1988, she moved applications of the incident on 3rd November, 1987 to circle officer, Colonelganj and Senior Superintendent of Police, Allahabad. On 13th February, 1988 she moved application to the District Magistrate, Allahabad. Revisionists and Dharmendra Nath Singh have constituted gang of unsocial elements. They have forcibly taken possession of the three rooms and three verandas of her house and looted cash amounting to Rs. 1100/- and goods worth Rs. 75,000/- belonging to her. She asserted that the revisionists and Dharmendra Nath Singh are liable to be prosecuted and punished for offences under Sections 2(b) and 3 of the Act and Sections 395, 450,451,452, 147 and 148. She cited Chandra Prakash Srivastava, Suresh Chandra Tewari, Lala Lal Chandra and one Vidya Singh as witnesses of various incidents. She mentioned in the complaint that on 17th May, 1988 she lodged First Information of P.S. George Town against the revisionists and Dharmendra Nath Singh for offence under the Act but the police did not take any action.

(3.) On this complaint the learned Special Judge examined Ramadevi under Section 200, Cr. P.C. and witnesses Vidya Singh and Suresh Chandra under Section 202, Cr. P.C. The learned Special Judge perused the statements and the documents filed before him. He found primafacie case and summoned the accused of the case.