C P SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The above two Criminal Miscellaneous Applications arises out of the same Criminal Case No. 6437 of 2008, State v. Raj Kumar Sachan and others,(relating to Crime No. 467 of 2007),under Sections 363, 392, 342, 323, 504, 506 IPC, Police Station Kalyanpur, District Kanpur Nagar pending before VI M.M. Kanpur Nagar and hence it both were clubbed together and are being disposed off by this common order. Challenge in these two Applications by the three Applicants-C.P. Singh, Raj Kumar Sachan and Ramanuj Katiyar, are to their summoning order dated 14.10.2008 and continuance of aforesaid criminal case against them. Criminal Miscellaneous Application No. 33719 of 2009 was ordered to be connected with other Applications and were nominated to this Bench by the order of the Acting Chief Justice dated 18.2.2010 and hence both the aforesaid Applications along with other two Applications are listed before this bench.

(2.) Background facts relating to aforesaid two surviving Applications have got chequered facts and consequently, in seriatum, they are registered thus.

(3.) Jagmohan Singh son of Late Jaipal Singh, informant victim, moved an application under Section 156(3) Code of Criminal Procedure before VIII Kanpur Nagar against Raj Kumar Sachan, Ramanuj Katiyar,(both Applicants) Subodh Kumar, C.P. Singh(Applicant) and four or five unknown persons dressed as IIT Security Personnels for committing offences under Sections 147, 363, 392, 342, 323, 504, 506 IPC. Allegations by informant victim were that he had instituted a complaint case No. 1065 of 2007 against Raj Kumar Sachan (Administrator) and Subodh Kumar Sachan (erstwhile Secretary) of Technology Consumer Cooperative Society Limited, IIT, Kanpur, U/S 138 N.I. Act, which was pending. Complainant informant victim was the Store Keeper of the said Co-operative Society. Annoyed and motivated by the proceeding under Section 138 N.I. Act, aforesaid accused persons armed with country made pistol and accompanied by two or three unknown persons dressed as security personnels of IIT Kanpur cordoned of informant on 9.6.2007 at 6.00 p.m., when he was returning to his house, near the main road crossing of IIT Kanpur and at gun point robbed the keys of the godown and Rs. 1900/-from the complainant victim. During the incident Ramanuj Katiyar had also assaulted the victims by fists. Complainant victim was dragged to the store where he was forced to sign on same blank papers. Victim was then pushed out of godown informing him that his services had been terminated. Resistance by victim and his threat that he will seek police help resulted in dragging him by Subodh Kumar Sachan, and then he was pushed into a white Maruti Van and was driven to and a house were he was kept in illegal confinement. He was also tied in chair with a rope and there accused persons conspired to falsely implicate him in a cooked up theft case of gas cylinders. With the help of some unknown persons victim , however, got himself freed on 11.6.2007 and then he came to know that place of his wrongful confinement was the house of applicant Raj Kumar Sachan. He vainly endeavoured to lodge a report with PS Kalyanpur, district Kanpur Nagar and left with no option, victim Jagmohan Singh wielded Magistrate's powers Under Section 156(3) Code of Criminal Procedure On 14.6.2007 seeking his direction for registration of his FIR and investigation into the crime vide Miscellaneous Application No. 254 of 2007, Jagmohan Singh v. Raj Kumar Sachan. VIII Metropolitan Magistrate, Kanpur Nagar, after obtaining a report from the police, directed for registration of FIR and investigation into the offences on 29.6.2007. It transpires that under the orders of the Magistrate police registered crime No. 467 of 2007,U/Ss 147, 363, 392, 342, 323, 504, 506 IPC on 6.7.2007 at 8.15 p.m. against malefactors Raj Kumar Sachan, Subodh Kumar Sachan, C.P. Singh, Ramanuj Katiyar and unknown persons.