OM PRAKASH CHATAK Vs. STATE OF U P

JUDGEMENT

(1.) This application under Section 482 Cr. P. C. has been filed for quashing criminal proceedings against the applicant in case No. Nil, under Section 394 IPC, pending before the Special Judge (DAA Act) in the case of Ram Niwas v. O. P. Chatak.

(2.) A complaint was filed on 13-12-1989 by one Ram Nivas, Advocate alleging that the complainant was a retired Hawaldar of the Army and on 30-8-1989 at about 9.00 p. m. when he was returning from the market, the applicant, Om Prakash Chatak along with four other police personnel surrounded him and poured a hot cup of tea over his head, threatened to implicate him in a case under Section 35 of the Police Act as he had not paid the police personnel Rs.500/- (rupees five hundred), which he had promised earlier. They also beat up the complainant and took out Rs.50/- from his pocket and removed his sandals. The complainant is said to have received injuries and he was medically examined on the order of the Munsif Magistrate at the district hospital on 2-9-1989. The complainant was even kept in the police lock-up for about 14 hours and thereafter sent to jail on 31 -9-1989 after being falsely implicated in a case under Section 294 IPC. The complainant was also threatened that a history sheet would be opened against him. After examining the complainant under Section 200 Cr. P. C. and his witnesses Mahendra Singh, and Mahesh Baghel, under Section 202 Cr. P. C., the applicant was summoned by the order dated 26-2-1990 passed by the Special Judge (DAA) Act, Agra.

(3.) Firstly, it has been contended by the learned counsel for the applicant that the present case had been lodged by way of counter blast as the complainant had been arrested in a case under Section 294 IPC and charge sheet has even been submitted against him. It is further alleged that the complainant was not registered as an Advocate at the time of his arrest. He used to move about in a drunken state and had become a nuisance and headache for the ladies and school going girls of the locality.