NITYA NAND DUBEY Vs. STATE OF U.P.

JUDGEMENT

(1.) This Criminal Misc. Application was filed by the applicant Nitya Nand Dubey, who was the Chairman of the Vindhyavasini Gramin Bank, Head Office, Mirzapur, for staying his arrest in case No. 55 of 1999 Hinch Lal Vs. Chairman, Vindhyavasini Gramin Bank and Ors. under Sections 323, 504, 506(2), 352 Penal Code and Sec. 3(1)(x) of S.C./S.T. Act.

(2.) The case was initiated on an application dated 11.2.1999 under Sec. 156(3) moved by the informant Hinch Lal of the Code of Criminal Procedure before the C.J.M. Sonebhadra. On this application an order was passed by the C.J.M on 11.2.1999 directing the S.H.O., P.S. Karama or a subordinate officer to register the F.I.R. and to investigate the criminal case and to apprise the Court of the results of the investigation.

(3.) The allegations in the application under Sec. 156(3) Cr.P.C moved by Hinch Lal were that he was a person belonging to the Scheduled Caste, and was working as a Clerk/Cashier in Imalipura (Phoolwari) branch of the Vindhyawasini Gramin Bank, district Sonebhadra. On 8.2.1999 at about 2 p.m., when the informant had disembarked from a bus at the Robertsganj Bus stand along with his brother Shyam Surat and was going towards the by-pass road, he was accosted by the applicant, who was the Chairman of the Vindhyavasini Gramin Bank and the co-accused Anil Kumar Srivastava, (applicant in the connected Cr. Misc. Appln. No. 1100 of 1999) who was the Branch Manager of the Imalipura (Phoolwari) branch of the Bank, The started hurling caste derogatory words and other abuses against the informant and threatened him that they would strip and beat him because he was trying to complain about an earlier incident against the informant dated 4.2.1999. The informant felt scared by the threats and began pleading with them, but the applicant and Anil Kumar Srivastava abused and threatened to kill him, if he took and further action. The incident was witnessed by the informant's brother Shyam Surat and Akhilesh Kumar and by other persons, who were passing by on the road, and who intervened in the matter.