LAWS(ALL)-2021-8-254

DEEPAK KUMAR SINGH Vs. STATE OF U.P.

Decided On August 04, 2021
DEEPAK KUMAR SINGH Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Mr. Daya Shankar Mishra learned Senior Counsel assisted by Mr. Chandrakesh Mishra, learned counsel for revisionist and learned A.G.A for State.

(2.) This criminal revision under Sec. 397/401 Cr. P. C. has been filed challenging Cognizance Taking Order/Summoning Order dtd. 22/6/2021 passed by Chief Judicial Magistrate, Basti in Case No. 2167 of 2017 (State Vs. Sub-Inspector Deepak Kumar Singh) under Ss. 323, 325, 342, 504, 506, 354A, 354B, 354D, 427, 452 I.P.C. and Sec. 67 I. T. Act., Police Station Kotwali, District Basti.

(3.) Record shows that in respect of an incident, which is alleged to have occurred on 30/8/2020, a delayed F.I.R. dtd. 9/3/2021 was lodged by first informant/opposite party-2, Kajal Singh, which was registered as Case Crime No.0109 of 2021 under Ss. 323, 324, 211, 342, 504, 506, 354, 354Ka, 354 Kha, 354Ga, 354Gha, 452, 120-B I.P.C. and Sec. 67 I. T. Act., Police Station Kotwali, District Basti. In the aforesaid F.I.R., as many as 14 persons, namely S.I. Deepak Singh, S.I. Rajan Singh, S.I. Abhishek Singh, Constable Sanjay Kumar, Woman Constable Neelam Singh, Inspector Sheela Yadav, Inspector Rampal Yadav, Constable Alok Kumar, Constable Pawan Kumar Kushwaha, Constable Awadhesh Verma, Halka Lekhpal Shalini Singh, Kanoongo Satish have been nominated as named accused whereas 2-3 Police Constables and relatives of first informant/opposite party-2 have also been nominated as accused.