SOHAN RAM Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner has filed the present writ petition for the following reliefs :

(2.) It is alleged that on 15.9.2002, some antisocial elements harassed and abused the petitioner and took away a sum of Rs. 10,000/- on pistol point, and on 13.6.2003, one Guddu son of Munni Singh resident of village Jiyapur, Police Station Mehnajpur, District Azamgarh got petrol filled in his scooter from the pump and on being asked to pay the price, he threatened the employees of the pump and inflicted injuries upon them. Thereafter, on 14.6.2003, Guddu alongwith his associate Pankaj Singh abused the employees of the petitioner at the pump and threatened them of dire consequences. The petitioner met the Collector, Azamgarh and submitted a complaint dated 14.6.2003 narrating the incident of 13.6.2003 and 14.6.2003. On 21.7.2003, Sri Chandra Shekhar Singh, Station House Officer, Police Station Mehnajpur, District Azamgarh came at about 5 pm at the pump and directed the Manager to get filled ten litres of diesel in his jeep without any payment, lest he would not provide any help. On 22.7.2003, one Mantu and Laxmi Kant came at the pump around 10 am and told the salesman to fill 30 litres of diesel in their tractor. On being asked by the salesman to first bring payment slip from the office, the said two persons assured the salesman that they would get the requisite slip, but in the meanwhile, they may fill the diesel in the tractor. On their assurance the salesman filled 30 litres diesel in the tractor. The said two persons did not pay the price of diesel. On demand, they physically assaulted the Manager -Shri Rajdeo. The petitioner went to the police station to lodge a FIR, but the same was refused and thereafter, he sent an application dated 22.7.2003 to the Commissioner, Azamgarh Division, Azamgarh and the Deputy Inspector General of Police of the region, with copy of the said application to the District Magistrate and the Senior Superintendent of Police and other authorities of the State Government through registered post on 23.7.2003. On the application filed by the petitioner, an inquiry was conducted on 20.8.2003, in which the petitioner and Rajdeo - Manager of the pump gave statements before the Circle Officer, Police Station, Lalganj, Azamgarh, wherein they apprised the authorities about the regular harassment faced by them from the anti social elements of the area and the complete inaction on the part of the Police Station Mehnajpur, District Azamgarh in nabbing the culprits.

(3.) It is alleged that once again on 21.8.2003, certain anti social elements of the neighbouring village came to the pump in a jeep loaded with two drums, against whom the petitioner had earlier lodged a complaint. These persons wanted to keep the drums in a temporary shade, at the pump. On the objection raised by the employees, they started beating them and in the process Sri Rajdeo, the Manager of the pump suffered serious injuries, whereas other employees suffered minor injuries. All the employees fled from the scene, fearing backlash, except Dharmdeo - cashier, who was taken in captivity, by anti social elements. Sri Rajdeo was medically examined by the Doctor at Community Health Centre, Lalganj, Azamgarh on 22.8.2003. In the process, the Goonda elements took away mobil oil and a sum of Rs. 5000/- cash. The goonda elements filled petrol and diesel in their bottles also. The entire incident was photographed.