PRADEEP KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Mohd. Monis, Learned counsel for the applicant, Sri Hari Nath Chaubey, Learned counsel for the opposite party Nos.2 & 3, Sri Shashi Dhar Pandey, Learned A.G.A. for the State and perused the material brought on the record.

(2.) Challenge in this application is to the impugned order dtd. 18/9/2024 passed by the Learned Chief Judicial Magistrate, Kanpur Dehat in Criminal Complaint Case No. 1583 of 2024 (Pradeep Kumar Vs. Mohit Kumar and others) arising out of proceeding under Sec. 175(3) of B.N.S.S. Police Station Sheoli, District Kanpur Dehat.

(3.) The allegations made in the application under Sec. 175(3) of the B.N.S.S. are that the opposite parties on 29/7/2024 at about 08:30 P.M. at night, when the injured of the case Sandeep had gone to attend the call of nature, was caught hold by the opposite party Nos.2 & 3 due to previous enmity and then his right leg was tied up with barbed wire and then tied to a motorcycle through which he was dragged for quite a distance. It has further been alleged in the application that the entire leg of the injured Sandeep was amputated after which the accused left Sandeep and run away. The applicant coming to know of the incident is said to have rush to the spot along with other family members and saw that Sandeep was lying bleeding, who was then taken to Police Station Sheoli, District- Kanpur Dehat, where no action was taken, thereafter he was taken to Hallett Hospital then to Rawat Pur Catology Hospital, where the Doctors gave up on the injured, post which he was taken to the S.G.P.G.I. Lucknow, where at the time of moving of the application he was still being treated. The applicant supposedly went to the house of the opposite party Nos.2 & 3 complaining as to why they had cut off the leg of his brother on which the opposite party Nos.2 & 3 allegedly abused him and threatened him that the applicant and his brother would both be killed. The information regarding this incident is said to have been given to the Superintendent of Police, District- Kanpur Dehat through post, however, when no action was taken, the application under Sec. 175(3) B.N.S.S. was moved.