DEEPAK KUMAR Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri R.K. Saxena, advocate holding brief of Sri Mukesh Kumar, learned counsel for the applicant, Sri Pankaj Kumar Tripathi, learned AGA for the State and Sri Surendra Kumar, learned counsel for opposite party no.2.

(2.) This application has been filed to quash the entire proceedings of Misc. Case No.817 of 2020 (State Vs. Mahesh Kumar) arising out of Case Crime No.595 of 2018, under Ss. 147, 323, 504, 452, 342, 420, 467, 468, 471 IPC, Police Station Fatehgarh Kotwali, District Farrukhabad pending in the Court of Chief Judicial Magistrate, Farrukhabad as well as the impugned summoning order dtd. 7/8/2022.

(3.) In brief, facts of the case are that Constable 1107 CP Mahesh Kumar posted at the residence of District Judge, Fatehgarh, Farrukhabad lodged an FIR on 23/7/2018 at 10:10 a.m. about the offence committed on 22/23/7/2018 between 10:00 p.m. and 02:00 a.m. in the night at Crime No.595 of 2018, under Ss. 147, 323, 504, 452, 342 IPC that he was deputed duty as guard in the night of 22/7/2018 from 10:00 p.m. to 02:00 a.m. Chaukidar Sudhis Kumar and Pankaj Yadav were also on duty. At about 11:15 p.m. a person in simple dress came with 6-7 persons in police uniform crossing the main gate of the residence of District Judge as it was locked. He ran towards the gate and saw that two constables were cutting the sandal wood already lying on the earth and some constables and SSI Deepak Kumar was keeping the chaukidars in police jeep in drunken condition. When he forbidden, leaving the wood, carried the guards, abused them and ran away. Guard and commander informed R.I. at once at about 01:00 am. Both the chaukidars returned and informed that SSI Deepak Kumar and other constables had abused and beaten them by sticks in which they have received injuries. During the course of investigation informant Mahesh Kumar filed an affidavit to S.P. Fatehgarh denying the contents of his FIR. Chaukidars Sudhis Kumar and Pankaj Yadav stated in support of the prosecution in their statement under Sec. 161 CrPC.