SHIVRAJ SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) I have heard the learned counsel for the applicants and the learned counsel for the respondents and perused the papers filed along with the application.

(2.) This application seeks to quash the proceedings of Complaint case no. 449/07 Khyali Ram Vs. Shivraj Singh and another u/s 452, 392, 504 and 506 IPC pending in the Court of Judicial Magistrate-II, Bareilly.

(3.) Facts germane to the instant application are that the opposite party no. 2 filed a criminal complaint on 17.7.1998 in the Court of Chief Judicial Magistrate, Bareilly against the applicant and one another for commission of offences punishable u/s 452, 392, 500, 504 and 506 IPC alleging that on 7.4.1996 the applicant being Station Officer of P. S. Bithri Chainpur along with sub-inspector Badkau Singh and other police force raided his house at about 7 p.m. in the absence of the complainant. He enquired about Jagdish from his wife and when she declined, he abused her and started damaging the house-hold goods. He threatened her to get Jagdish arrested else he would kill her husband in encounter. The police also raided the house of her daughter's in-laws in village Khai Kheda P. S. Bhuta, beat her family members and challaned u/s 151 Cr. P. C. Thereafter the police party went to the in-laws of the complainant (opposite party no. 2) and assaulted his cousin brother-in-law Shiv Kumar. The complaint further stated that due to the highhandedness of the police he has been defamed and could not pursue his agriculture. He sent complaints to District Magistrate, Bareilly, Senior Superintendent of Police and DIG of Bareilly, but no action was taken. In enquiry under Chapter XV Cr. P. C., the opposite party no. 2 examined himself u/s 200 Cr. P. C. and produced his wife Smt. Maya Devi and close relative Ved Pal u/s 202 Cr. P. C. After perusal of complaint and evidence led by the opposite party no. 2, the Magistrate summoned the applicant and his associate sub-inspector to face trial for the offences punishable u/s 452, 392, 500, 504 and 506 IPC vide order dated 17.10.1998.