SANGAM KUMAR Vs. SUB DIVISIONAL MAGISTRATE ROBERTSGANJ

JUDGEMENT

(1.) Through this application under Section 482 Cr. P. C. the applicant has prayed for quashing two orders of the respondent No. 1 dated 28-7-1977. These orders were passed in purporting exercise of the power of the Magistrate under Section 145 Cr. P. C. as per Annexures 7 and 8 to the affidavit in relation to Case No. 11 of 1997 between Chameli Devi and Sangam Kumar.

(2.) The husband of Chameli Devi made a report to the District Magistrate, Sonbhadra, in his capacity as member of Human Rights Commission on 28-7-1997. This report was forwarded to the Sub-Divisional Magistrate, Robertsganj and thereupon the impugned orders were passed.

(3.) It was stated in this application that a shop in the main market of Robertsganj was under the ownership and possession of Chameli Devi through her son and through a tenant in another portion. On 25-7-1997 about 3 p.m. when the son of the applicant and said tenant were away to their houses for mid-day meals and the shops were lying closed, Naib Tahsildar of Robertsganj with police help and with the respondent Sangam Lal (at times named as Sangam Kumar) broke open the lock of the shop and removed valuables therefrom. When the complainant and others went there, the tenant was called and was forced to sign on some papers. The aforesaid Sangam Kumar also assaulted Chameli Devi. When asked these persons had declared that the Up-Jiladhikari Robertsganj (Sub-Divisional Officer) had directed dispossession and report was allegedly made to the Additional District Magistrate and to the officer in charge of Kotwali Police Station. Information was also sent to the Chief Minister at Lucknow. The complaint and other stayed in the shop for security reasons but Sangam Kumar and others came armed and abused them and pushed them out of the shop and also threw away their commodities kept there. They also removed other valuables. Police was a silent spectator. Accordingly the application was filed so that a first information may be lodged and the looted materials could be recovered and restored.