SURENDRA BAHADUR SINGH Vs. STATE

JUDGEMENT

(1.) This reference has been made by the learned Sessions Judge, Gonda under Section 438 of the Code of Criminal Procedure in respect of certain proceedings pending before Sri A.S. Misra, Sub-Divisional Magistrate, Utraula, Gonda. The applicant in the case is Sri Surendra Bahadur Singh, Station Officer, police station Mankapur in district Gonda, in order to understand the points involved in the decision of this reference, the facts giving rise to it have to be narrated in detail. While the applicant Sri Surendra Bahadur Singh was posted as Station Officer, Police Station Mankapur, some complaints regarding bribery, corruption, coercion and misconduct were made to the Uttar Pradesh Home Minister by Sri Baldeo Singh, M. L. A. Copies of these complaints were forwarded by the Government to the District Magistrate, Gonda, and a magisterial enquiry was desired into these allegations. The exact order which was received by the District Magistrate is not on the record, but the following order was passed by the District Magistrate on receipt of the Government orders: "No. 720/ST SDM Utraula (by name) The attached is the copy of a communication sent to the Government by Sri Baldeo Singh, M.L.A., against Shri Surendra "Bahadur Singh, Station Officer, Police Station Mankapur, containing allegations of bribery, corruption, coercion and misconduct against the said S. O. The government desire a magisterial enquiry into these allegations. Will you please, therefore, conduct this enquiry in respect of all the allegations except in regard to those matters which are sub judice. As stated in this communication the incidents relating to P.S. Kauria are sub judice as also with regard to the treatment meted out to Sri Nageshwar Brahmin of Kirtapur on 9-7-60 and 22-7-60. I shall be glad if you will kindly finish this enquiry as quickly as possible and send me a detailed report. The enclosed copy of the petition submitted to the Government may please be returned with your reper: Sd/- M. Ahmad Encl. Distt Magtt, Gonda As above. 26-9-60.

(2.) When the Sub-Divisional Magistrate received this order, he directed issue of summons against the Station Officer, Mankapur. Sri Surendra Bahadur Singh as also Sri Baldeo Singh M.L.A. and other connected persons who are not specifically named in the order. The reference probably was to persons, atrocities in respect of whom were alleged in the complaint made by Sri Baldeo Singh. What subsequently happened before Sri A.S. Misra is not material, except perhaps in respect of an order passed by the District Magistrate on 1st November, 1960, about a matter which was brought to his notice by Sri A.S Misra. When Sri Baldeo Singh appeared before Sri A.S. Misra, he moved an application before him on 27th October, 1960, in which it was alleged that influence was being brought to bear upon the witnesses by the Station Officer and a request was made that proper authority may be moved for Sri Surendra Bahadur Singh being transferred from this particular area pending the enquiry against him, Sri A.S. Misra passed the following order on this application:

(3.) The District Magistrate passed the following order: