MAYA MOURIS Vs. STATE OF U.P

JUDGEMENT

(1.) This petition under Section 482 Cr.P.C. has been filed against the summoning order dated 12.12.2008 passed by Chief Judicial Magistrate, Barabanki in Complaint Case No. 9813 of 2008, under Sections 323, 504, 506, 392 I.P.C., Police Station Kotwali City, Barabanki as well as revisional order dated 12.04.2012 passed by Additional Sessions Judge, court no. 2, Barabanki in Criminal Revision No. 76 of 2009 upholding the summoning order.

(2.) I have heard learned counsel for the petitioners and learned counsel for the respondents.

(3.) Briefly stated facts are that an application was moved by Dr. Rajan Yadav under Section 156(3) Cr.P.C., alleging therein that he was a doctor and member of Indian Medical Association, Barabanki having Clinic at Ghosiyana Mohalla, Station Road, Barabanki. On 15.09.2008, he had purchased a house from Rajkumar Watson which was in occupation of Smt. Maya Mouris and her daughter Deepa Mouris as tenant. They had promised to vacate the house but now they are not willing to vacate the same. It is further alleged that Deepa Mouris had illicit relations with V.P. Upadhyaya, Sub Inspector, Police outpost, Banki and taking the advantage of said relations, they have threatened complainant to implicate him in some false case if he insisted for vacation of the house. On 23.09.2008 at about 01:45 p.m. while he was going to his house, nearby Railway School, Constable Pramod Kumar, who is posted in Police outpost Banki, asked him to accompany and took him to V.P. Upadhyaya, Sub Inspector. Pramod Kumar took out Rs. 2000/- from his pocket and detained in said Police outpost. There V.P. Uapadhyaya, Sub Inspector used filthy abuses and threatened Rajan Yadav to implicate in NDPS Act if he asked the ladies to vacate the house. He was released after payment of Rs. 1000/- to Sub Inspector who asked him to pay Rs. 9000/- more. Rajan Yadav requested Rashid Miyan to help him who gave Rs. 6000/- to Sub Inspector V.P. Uapdhyaya. Remaining amount of Rs. 3000/- was paid by him after taking from one Sonu. Thus, Rs. 10,000/- was given to Sub Inspector V.P. Upadhyaya. In this regard, a request was also made to S.P. to get the matter investigated.