ANIL PRATAP SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri J.S. Pandey, learned counsel for the applicant, Sri Ajay Vikram Yadav, learned counsel for the opposite party no.2 and learned A.G.A. for the State.

(2.) By means of this 482 Cr.P.C. application, the applicant has prayed for quashing the entire proceedings of Complaint Case No. 1298 of 2011 under Sections 452, 323, 504, 506 I.P.C., police station Malpura, District Agra pending in the Court of Additional Chief Judicial Magistrate, Court No.13, Agra.

(3.) The prosecution story as stated in the complaint is that on 9.10.2010 at about 10:30 a.m. Constable Dilip Puniya and Constable Sanjeev Kumar had gone to arrest a wanted accused, namely, Raghuveer S/o-Atar Singh R/o-Sagunapur, police station Malpura, District Agra, at village Sagunapur, who is wanted in Case Crime No. 62 of 2009 under Sections 307, 504, 506 I.P.C. in civil dress and when they arrested him and bringing him to the police station, the villagers thought they are miscreants, hence they caught hold of them and brought them at the house of the complainant. The complainant after enquiring about them came to know that they are the police personnels, hence he offered them some refreshments at his house. Meanwhile, two other constables, namely, Ajay Pal and Umesh Kumar also came there in police uniform and upon knowing the said incident, they informed the then Station Officer of police station Malpura, namely, Anil Pratap Singh (hereinafter referred to as 'the applicant') upon which the applicant went there along with the force on vehicles and entered into the house of the complainant and started abusing him and when the complainant asked them not to abuse, the applicant exhorted to kill him and stated that how the complainant dared to make the police personnels hostage and started assaulting him with butts of gun. When his mother, namely, Janakshri along with other villagers came there in order to save the complainant, they too were assaulted by the police. Thereafter the applicant arrested the complainant along with several other villagers, who came to save him, namely, Devendra Singh, Jaipal Singh, Harendra Pal Singh, Mahendra Singh, Balveer Singh, Jaiveer Singh, Kishor, Banwari, Mulayam and Pratap Singh and falsely implicated them in a false case. The complainant and his companions were medically examined at District Hospital Agra in police custody. The police personnels also threatened them that if any action was taken against them then no one would be saved and they would be falsely implicated in other cases due to which the complainant as well as other villagers were frightened. When, the report of the complainant was also not lodged by the police, the brother-in-law of the complainant, namely, Ajay Kumar Singh had informed about the incident to the higher authorities and Chairman of the U.P. Human Rights Commission, Lucknow that the complainant had gone to the police station on 11.10.2011 for lodging an F.I.R. but his report was not lodged. Thereafter on 12.10.2011, he sent an application to the S.S.P. and D.I.G., Agra but then too the F.I.R. was not lodged, hence the present complaint was filed by opposite party no.2 in the Court of Magistrate.