NIHAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS is an applica ­tion under section 482 Cr.P.C. for quashing the order dated 18.9.2006 passed by the C.J.M. Fatehpur in Case Crime No. 4862 of 2004 (State v. Nihal Singh and others) under sections 304, 394, 504, 506 I.P.C., P.S. Jafarganj District Fatehpur.

(2.) THE facts relevant for disposal of this application are that on 2.6.2004 at about 8.15 P.M. an F.I.R. was registered at police station Jafarganj District Fatehpur as Case Crime No. 26 of 2004 under sections 21/22 N.D.P.S. Act on the basis of recovery memo prepared by Sri Nihal Singh, then S.O. of Police Station Jafarganj who is ap ­plicant No. 1 in the present case. It has been stated therein that on the aforesaid date at 3.35 P.M. the aforesaid S.O. Nihal Singh along with other members of police party named, Shiv Nath Sonkar, Lalman and Udaiveer Singh, (the applicants No. 2 to 4 in the present case) and Phool Chandra and Kashi Singh proceeded on the Government Jeep from the police station to Garhi Tiraha and there they received information that at village Barwa, Bhaiyadeen and his wife were running business of sale of smack. Then he called S.I. Sri Amrish Kaushik, constable Jagat Lal (applicant No. 6 in the present case) and lady constables Usha Devi and Radha Devi and all of them reached the house of Bhaiyadeen. They saw a lady selling smack to customers. On see ­ing the police party she tried to go inside the house but with the help of lady con stables, the police arrested her at about 5:45 P.M. and she told her name as Chandrakali wife of Bhaiya Deen. She was given option of being searched before a Gazetted Offi ­cer/Magistrate but she stated that she was ready for being searched before the police party and then aforesaid both the lady constables took her search and then in a polythene bag 1.5 grams of open smack powder and four small packets and one big packet containing smack were recovered from her possession. Recovery memo of smack was prepared and the smack was sealed. The information of arrest was given to her daughter -in -law Smt. Veermati wife of Pradeep.

(3.) ON 4.6.2004 at 5.15 P.M. an F.I.R. was registered under order of the S.P. Fatehpur on the application of Bhaiyadeen dated 3.6.2004 in which it was alleged that Bhaiyadeen was resident of village Barwa, P.S. Jafarganj District Fatehpur and he be ­longed to scheduled caste. He was a poor person. On 2.6.2004 at about 9 A.M. Nihal Singh, S.O. along with the police party came to his village and they met Ranjeet Singh of village Khootajhar with whom Bhaiyadeen had enmity. As per informa ­tion received by Bhaiyadeen, the police party, after visiting the house of Ranjeet Singh, arrested Manoj and two other per ­sons and asked them to say that they were purchasing smack from the house of Bhai ­yadeen and taking those persons with them the police came to his house. At that time, Bhaiyadeen's daughter Maya Devi accompanied by his son Pradeep Kumar (Maya Devi's brother) had come from her in law's house having Rs. 21000/ - in cash with her in a bag and she was going to the Gramin Bank to deposit that amount in the Bank. The S.O. and his companions abused, beat and slapped her and snatched the bag of money from her. Pradeep and Maya Devi said to Nihal Singh S.O. that he should return the bag containing cash of Rs. 21,000/ - otherwise they would go to the S P. Faiehpur and make a complaint. Chandra Kali Devi and her daughter -in -law also asked the police party to return the amount but of no avail. Then Bhaiyadeen proceeded to the office of the S.P. Fatehpur to make complaint .When the police party came to know that he had gone to the office of the S.P. Fatehpur, they attacked his house and started to beat his wife Chandra Kali Devi, brothers Ghaseetey and Murlidhar and then his brother -in -law Shobha Lal resident of Urauli, P.S. Lalauli, who had come to Bhaiya Deen's house, asked the police party not to commit atrocities. Then Nihal Singh S.O. of P.S. Jafarganj and the members of police party along with Ranjeet Singh caught hold of Shobha Lal and beat him throwing him on the ground. Consequently he lost his senses. The police party took Ghaseetey, Murli and Chandra Kali to the police sta ­tion and they were detained there. This incident had taken place between 3 -4 P.M. Bhaiyadeen after giving application to the S. P. Fatehpur regarding robbery of cash by the police party came back to his house and on reaching there in the night, he came to know about this entire incident. Shobha Lal had died as a result of beating done by the police party, but Bhaiya Deen could not go any where in the night due to fear and in the morning he went to the S.P. Fatehpur and moved this application, on the basis of which Case Crime No. 30 of 2004 under sections 304/394/504/506 I.P.C. P.S. Jafar ­ganj District Fatehpur was registered against the members of the police party including the applicants.