RAM SHANKER VERMA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Shri R. K. Ojha assisted by Shri Arun Kumar Tiwari for the petitioner. Learned Standing Counsel appears for the State respondents.

(2.) THE pleadings have been exchanged. With the consent of parties, the writ petition was finally heard.

(3.) ON the same day a FIR was lodged as Case Crime No. 1040-A of 2000 as a sequel to the FIR registered as Case Crime No. 1040 of 2000 lodged by Shri Prem Chandra Nigam against Shri Rajveer Singh Malik; Shri Amit Mishra, Circle Officer (City) and Shri Hari Pratap Shahi, Sub Divisional Magistrate (Sadar) re porting to the police, that Dr. PN. Prabhakar, senior radiologist was beaten up and was killed by strangulation with common intention committing crime under Sections 147, 302, IPC and Section 3 (2)15 SC/st Act. The complaint sent to the Chief Minister, U. P. through the Chief Medical Superintendent, District Hospital, Mainpuri enclosed with the report to the police disclosed that when Dr. Bal Mukund Prabhakar, senior radiologist was sitting in his duty room in district hospital Mainpuri, Shri Amit Mishra, Circle Officer (City); Shri Hari Pratap Shahi, Sub Divisional Magistrate and five constables brought a patient and demanded that he should be immediately examined by x-ray. When the doctor asked them to come on the next day, Shri Rajveer Singh Malik and the Circle Officer started beating Dr. Prabhakar. They subjected him to a severe beating and strangulation on which Dr. Prabhakar died.