M. BUTT AND OTHERS Vs. STATE

JUDGEMENT

(1.) The applicant Sri Mahmood Butt, I. A. S. was the Administrator of the Nagar Mahapalika, Allahabad in the month of July 1969. On 29.7.1969 a number of persons belonging to the Nagar Mahapalika staff went to the Sangam area for realising boat tax and for seizure of the boats. The Station Officer, Daraganj who was present in that area advised the Mahapalika authorities not to make recoveries of tax or to seize boats as 29th July happened to be a bathing day (Purnamashi). Next morning i.e. on 30.7.1969 at about 9.30 a. m. the Nagar Mahapalika staff as well as the present applicant Sri M. Butt went to the Sangam area for the recovery of boat tax and seizure of boats if necessary. The Station Officer, Daraganj was given prior information by the Nagar Mahapalika that his assistance might be required on that day. It appears that the boatmen refused to pay the tax and they also resisted the attempt made by the Nagar Mahapalika staff to seize their boats. Brick-batting was resorted to by the boatmen which injured four persons belonging to Nagar Mahapalika party namely, Sri M. Butt, Administrator, Sri K. N. Joshi, Licensing Officer and two other employees Sri Onkar Nath Sharma and Sri Krishna Kant Sharma. The further case on behalf of Nagar Mahapalika was that the boatmen also indulged in the use of fire-arms which resulted in injuries to Chandrasekhar and to Chiranji Lal who died subsequently. In self defence, Sri Jitendra Nath Pandey fired his revolver and Sri Onkarnath Sharma fired his gun in the air. The boatmen thereafter ran away. The Nagar Mahapalika party returned along with two boats which they had seized during this incident.

(2.) The first information report of this incident was lodged by Sri J. N. Pandey, Licensing Officer at 11.15 a.m. on 30.7.1969 at police station Daraganj. A case No. 148 of 1969 was duly registered against the accused at the said police station under Sections 147/148/149/307/332, Indian Penal Code. Investigation was commenced immediately by Sri Raghubir Singh, Station Officer. He reached the place of occurrence made enquiries at the spot and prepared a site plan the same day. Early in the morning at about 1.30 a.m. on 31.7.1969 he made a search for the accused but they were not traceable. The statements of witnesses were recorded at about 9.30 a.m. on 31.7.1969. The investigation continued thereafter.

(3.) On 31.7.1969 a memorandum was presented by Sri Jaipal Singh Keshav on behalf of the boatmen to Sri G. C. Chaturvedi the then District Magistrate, Allahabad. On this memorandum the District Magistrate directed the City Magistrate to hold an enquiry into the aforesaid incident. The order passed by Sri G. C. Chaturvedi, District Magistrate runs as follows:-