BRAJENDRA KUMAR GUPTA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Amit Kumar Srivastava, learned counsel for the petitioner, Sri Gopal Chaturvedi, learned Senior Advocate, assisted by Sri Azaz Ahmad, Advocate on behalf of respondent no.4 and Sri V.C. Mishra, learned Advocate General assisted by Sri Ali Murtaza, learned Additional Government Advocate for the State-respondents.

(2.) Petitioner, the father of the deceased, Mukul Gupta made an application under Section 156 (3) of the Code of Criminal Procedure before the Chief Judicial Magistrate, Bareilly stating therein that his son was a brilliant, educated man. He had no criminal antecedents. He was engaged in business of medicines. His son used to travel from Bareilly to other places for the purposes of his business. Respondent no.4 J. Ravindra Gaur, Additional Superintendent of Police (Trainee), Bareilly wanted some certificate to please his senior police officers. He was eager to earn out of turn promotion. He hatched a conspiracy and set up a fake police encounter with the help of other police officers and informers (mukhbirs). It was stated that on 30th June, 2007 at 09:00 a.m., the son of the informant namely, Mukul Gupta, while travelling on a Rikshaw, was intercepted by the Inspector, Kotwali and robbed of one Lac of rupees and mobile phone. Thereafter, he handed over Mukul Gupta to respondent no.4, J. Ravindra Gaur. Respondent no.4, who by setting up a false and frivolous encounter along with accompanying other officers, killed his son. In order to create a false case of encounter, J. Ravindra Gaur also lodged a first information report against Mukul Gupta under Section 307 of the Indian Penal Code and Section 25 of the Arms Act.

(3.) This application of the petitioner-informant under Section 156 (3) of the Code of Criminal Procedure was rejected by the Chief Judicial Magistrate, Bareilly vide order dated 18th June, 2008. Not being satisfied, petitioner filed an application under Section 482 of the Code of Criminal Procedure before the High Court being Criminal Misc. Application No. 17364 of 2008. This application was granted by the High Court vide order dated 14th July, 2008. Order of the Chief Judicial Magistrate dated 18th June, 2008 was quashed. The magistrate was directed to reconsider the application filed by the petitioner.