DURGESH SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) Smt. Durgesh has approached this Court in it's inherent jurisdiction under Section 482 Cr.P.C. with the prayer to quash the order dated 16.3.2005 passed by Chief Judicial Magistrate, Ghaziabad who by the aforesaid order has rejected the application filed by the applicant for getting a report of action taken by the police of police station Modi Nagar District Ghaziabad, pursuant to the order dated 19.1.2005 passed by the said Chief Judicial Magistrate on the application of the applicant under Section 156(3) Cr.P.C., and has further ordered for consigning the record of the said application being Misc. Case No. 680 of 2004, Smt. Durgesh v. Rajesh Verma to the record room.

(2.) As agreed by counsel for the applicant as well as learned AGA this application is being disposed off finally at the admission stage itself since only the question of law is involved in it. The preceding facts which have culminated into this application are recapitulated thus. The applicant Smt. Durgesh Sharma invoked the power of Chief Judicial Magistrate, Ghaziabad under Section 156(3) Cr.P.C. through Misc. Application No. 680 of 2004 Smt. Durgesh Sharma v. Rajesh Verma and Ors. with the narration of the incident that on 31.7.2004 at 8.30 pm SSI, Verma Ji along with police force of police station Modi Nagar District, Ghaziabad came to her residence and Verma Ji, SSI, pushed her from the roof through staircase which resulted in injury to her on head and then the police personnel took her to the police out post Niwari where she was assaulted severely in witnessing of public and women constables as a result of which the applicant Smt. Duregesh Sharma sustained grievous injuries on her head, both extremities and face.

(3.) The police personnel smashed colour T.V., Fridge, VCD, double bed, scooter and wooden almirah belonging to the applicant. It was further alleged in the said application that the family members of the applicant were implicated in a false case when in reality they had not committed any offence. Subsequently, finding the condition of the applicant to be serious, the above police personnel also implicated her as an accused in a false case and dispatched her to jail. The applicant expressed apprehensions of her and her husband's life from the police of police station Modi Nagar, District Ghaziabad. The cause of this incident was said to be the involvement of two Mangeres of Modi Group in an attempt to murder case of Indra Pal Singh who is the neighbour of the applicant but was having a criminal background history of serious cases including murder, land grabbing and Modi Nagar area was engulfed with his terror. Since the applicant failed to get her FIR registered through her application to the District Magistrate and Senior Superintendent of Police, Ghaziabad against the erring police personnel and which yielded no results hence she approached the Chief Judicial Magistrate, Ghaziabad, for wielding his power under Section 156(3) Cr.P.C. through an application (Annexure No. 1 to the affidavit filed in support of this application) being Misc. Case No. 680 of 2005. The Chief Judicial Magistrate, Ghaziabad, on her application being satisfied that cognizable offences were disclosed against the malefactors ordered for registration and investigation of the case against the accused on 19.1.2005 and further directed that the case be investigated by a higher police officer than a SSI vide annexure No. 2 to the affidavit filed in support of this application. The alleged accused SSI, Rajesh Kumar Verma, however, questioned the validity of the said order dated 19.1.2005 in Criminal revision No. 438 of 2005 filed in this Court which was heard and finally decided by Hon'ble V.K. Chaturvedi, J. on 2.2.2005 by passing the following order: Heard Mr. S.P. Pandey counsel for the revisionist and learned A.G.A. Having heard the submissions made by learned Counsel for the parties and perusing the entire material on record, this revision is finally disposed off with this observation that pursuant to the order dated 19.1.05 passed by the C.J.M., Ghaziabad on the application of Opposite Party No. 2, Smt. Durgesh Sharma, under Section 156(3) Cr.P.C., if any case has been registered against the revisionist in Police Station Modi Nagar, then investigation in matter may go on, but arrest of the revisionist shall remain stayed till submission of the report under Section 173(2) Cr.P.C.