BABLOO Vs. STATE OF U P

JUDGEMENT

(1.) R. K. Rastogi, J. This is an application under section 482 Cr. P. C. for quashing the proceedings of Criminal Case No. 93 of 2004, State v. Babloo and others pending in the Court of Special Judge (D. A. A.), Agra arising out of case crime No. 11 of 2004 under sections 395, 504, 506 and 412 I. P. C. P. S. Jagdishpur District Agra.

(2.) THE facts relevant for disposal of this application are that the complainant Opp. Party No. 2 filed a complaint against the applicants and five unknown persons under sections 395, 506, 504 and 412 I. P. C. with these allegations that the complainant was an Engineer employed at Nipika Corporation of India. He has got two children out of his first marriage, but a divorce took place with his first wife and his both children are studying at Mount Abu. After the above divorce, he contracted second marriage with Veena Dohrey. Babloo is brother of Veena Dohrey and Bhagwan Devi is mother of Veena Dohrey and Kaptan Singh is husband of the sister of Veena Dohrey. All these persons are greedy and quarrel some. THE family members of the applicants were exercising pressure to extract money from the complainant On 3. 4. 2004 the accused Babloo, Bhagwan Devi and Veena Dohrey carne to his house and pointed pistol on the chest of the complainant and asked him to give key of Almirah. THEreafter the complainant delivered them the key and then they lo. oted the entire ornaments, cash and other documents. THEy went away in a Marshal vehicle threatening that if any action is taken they would kill him and would get his children kidnapped from Mount Abu. THEn the complainant went to the police station Jagdishpura and gave a report. THEn under the instructions of the S. S. P. Agra the police of police station Jagdishpura with the assistance of police of Hathras recovered some looted articles from the residence of Kaptan Singh and some looted articles were recovered on the pointing out of accused Babloo. THE police took Kaptan Singh and Babloo into custody but under the political influence they released Kaptan Singh on that very day and Babloo was released on 6. 4. 2004. Though looted articles were recovered, yet the police did not register any case against the accused persons on account of political influence. On the other hand, the police registered a case against the complainant under sections 498-A, 323, 504 I. P. C. and 3/4 Dowry Prohibition Act as case crime No. 76 of 2004. THE arrest of the complainant was stayed by the High Court in a writ petition filed against the above F. I. R.

(3.) I have heard the learned Counsel for the applicants, learned Counsel for the Opp. Party No. 2 and the learned A. G. A. for the State.