HARSH JAUHARI Vs. STATE OF U P

JUDGEMENT

(1.) BARKAT Ali Zaidi, J. Both the above noted applications under Section 482 Cr. P. C. are being taken for consideration together because they arise from the same First Information Report. The prayer is that the case against the applicants should not be allowed to proceed.

(2.) THE facts as given in the First Information Report are as follows: "to, Station House Officer, Police Station Sector-20 Noida, District Gautambudh Nagar. Sir, That I Harish Chandra son of Shiv Ram, Originally Resident of Ahmad Nagar, Maldham Chand Colony No. 7 R. T. C. Hempur Gaushala District Nainital. On 1-12-1997, I had come to Delhi to a relative in the village in search of some job. At the bus stop of All India Medical Institute, one Babloo met me. He enquired about my worries and thereafter took me to N. M. C. Noida where infront of P. C. O. , Babloo got me introduced to Akhilesh Yadav, Sanjai Policewala and Sushil Kumar Jha and went away. Akhilesh Yadav enquired from me, if I had any complaint of pain in any limb. I said I had pain in my backbone. Akhilesh Yadav then told me to introduce to a doctor tomorrow and after the treatment he will get a job for me. Akhilesh also informed that a vacancy was to fall out of Rana Jat, and I should, therefore, reveal my name as Balam Singh Rana son of Narendra Singh Rana, R/o Sundersheel Ram Nagar, District Nainital. On 2-12-1997, around 9 O'clock in the morning, Akhilesh Yadav took me to P. C. O. infront of N. M. C. , where Sanjay and Sushil Kumar were present. After a while, Sri S. N. Srivastava and a lady came by a car there. Akhilesh sent me alongwith them for medical check up inside the hospital where Dr. Wadhwan met me there and said that there is a small test, thereafter, he will have 2-4 tests more and that I will get a job thereafter Dr. Wadhwan, then sent me to Lal and Lal at Cannaught Place, where a test was performed on me. THE tests were also performed on 3rd,4th and 5th, 1997 and on enquiring Dr. Jauhari, Navin Chaudhary repeatedly said there is blood clotting in veins of my abdomen which is to be opened. On 3-12-1997, on some stamp papers of Rs. 10 and Rs. 3 and on 7-12- 1997 on 3 stamp papers of Rs. 2 each my signatures were taken. On 6-12-1997, I was operated upon in the hospital wherefrom I was relieved on 12-12-1997 with a word by Dr. Wadhawan that my back bone will he heeled and I should come to the hospital after 7-8 days, for removing the bandage. THEreafter, I went to Akhilesh Yadav at the P. C. O. , who gave me some money and said that after 7-8 days when I come, I will get employment. After 12-13 days, when I went to the hospital a nurse met me and asked if I had donated my kidney, then I realised that all these people had conspired to extract Kidney from my body, when I protested. I was threatened with a revolver. THEreafter, I went to the village and after seeing the newspaper report, have come to lodge a report at Police Station Sector - 20 Noida District Gautambudh Nagar. Justice be done to me after lodging the report. Applicant (Harish Chandra) Son of Shiv Ram, Resident of Ahmad Nagar, Maldham Chand Colony No. 7 R. T. C. Hempur Gaushala District Nainital. "

(3.) THE first thing which may be noticed is that Dr. Sanjay Wadhawan was out of India, attending a conference at Manila Philippines from 2-1-1997 to 10-12-1997 while Dr. Navin Chaudhary was also out of India at London from 30-11-1997 to 5-12-1997. This is manifest from their endorsement and entries in their passports, which are, part of the case diary.