SERAJ ASLAM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an application for revision against the order dated 21/03/1992, passed by Chief Judicial Magistrate, Varanasi in Criminal Case No. Nil of 1991 Seraj Aslam v. Police Officers.

(2.) Seraj Aslam and others, the applicants, are Muslim residents of Varanasi City. Their case is that on 8/11/1991 some disturbance had taken place in Varanasi City as a result of which curfew was imposed. An F.I.R. under Sections 147 / 148 / 149 / 302 / 301 / 324 / 323 / 326, IPC was lodged in Police Station Dasaswamedh and Crime No. 194/ 91 was registered. Thereafter, the Police went into action in the Muslim populated areas and made a number of indiscriminate arrest of Doctors, old and infirm persons, minor boys and others from their houses. A number of persons received injuries and two of them Dr. Anis and Taimoor died as a result of attrocities committed upon them. The applicants went to lodge reports regarding the various acts of violation committed by the Police personnel in the police Stations but their reports were not lodged by the Station Officers concerned. Having failed in their attempts to lodge the F.I.R. against Police personnel, the applicants sent applications by registered post to Senior Superintendent of Police, Varanasi. The Senior Superintendent of Police also did not take any action.

(3.) Thereafter, the applicants moved an application before the Chief Judicial Magistrate, Varanasi under Section 156(3) of the Code of Criminal Procedure with the prayer that since the applicants had exhausted all the remedies available to them under the law, the Police Officers concerned may be directed to investigate into the allegations which were made by the applicants in their applications to the Senior Superintendent of Police, Varanasi.