PRAKASH CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) This application under section 482, Cr. P.C. has been filed by the applicants for quashing the order dated 13.9.1985 passed by Special Judge, Dacoity Affected Area, Hamirpur.

(2.) Briefly stated the facts are that Crime No. 72/83 under Sections 399/402, I.P.C. read with section 2(b), 10/12, U.P. Dacoity Affected Area Act and case Crime No 73/83. 74/83, 75/83 and 76/63 under section 25 of the Indian Arms Act were registered at Police Station Majhgawan District Hamirpur. The F.I.R. was lodged by Sri Surendra Singh, the then Station Officer of Police Station Majhgawan, District Hamirpur. It transpires that later on the case was investigated by Rameshwar Prasad Chaudhari, a Inspector in the Criminal Investigation Department, Kanpur. After necessary Investigation, the Investigating Officer submitted a report to the Special Judge, Dacoity Affected Area, Hamirpur for the acceptance of the final report. The complainant Sri Surendra Singh, the then Station Officer protested against the acceptance of the final report by the learned Special Judge, Hamirpur.

(3.) The learned Special Judge, in view of the protest so lodged by Sri Surendra Singh, proceeded with an inquiry wherein statements of public witnesses namely, Malkhan Singh son of Ram Charan and Bhagwan Das son of Tijwa, besides complainant Sri Surendra Singh were recorded. The Investigating Officer Sri Rameshwar Prasad Chaudhary was also examined. The learned Special Judge also perused the statement of the witnesses as well as case diary and other relevant records. The learned Special Judge found that all the public witnesses in their statements recorded under section 161, Cr. P.C. have supported the allegations, contained in the F.I.R. However, Investigating Officer in view of some statements of the relatives of the accused came to the conclusion that the accused persons were falsely implicated, but the learned Special Judge has found that the Investigating Officer (Sri Rameshwar Prasad Chaudhari) has himself stated that in view of a telegram dated 23.7.1983 (9.25 p.m.) and on the statements of other witnesses, who were not members of the police party, the Investigating Officer came to the conclusion that the case is false. The learned Special Judge on the consideration of the statements of complainant, Sri Surendra Singh, Public witnesses-Bhagwan Das and Malkhan, and on the perusal of the case diary found that it is a fit case to proceed against the applicants under sections 399/402, IPC read with sections 2(b), 10/12, U.P. Dacoity Affected Area Act, as well as under section 25 of the Arms Act. The learned Special Judge after a detailed order has held that it is not proper to accept the final report so submitted by the Investigating Officer and he preferred to take cognizance of the case under clause (1)(a) of section 190, Cr. P.C. Consequently, Sri Prakash son of Vishwanath Misra r/o Rahnak P. 5. Majhgawan, Phullo son of Ram Das Khangar r/o Tikari, P.S. Dakor District Jalaun, Lula son of Tijwa Dhimar r/o Argaon, P.S. Majhgawan, Sheo Narain son of Babu Ram Kalar r/o Rahnak, P.S. Majhgawan and Kapur Singh son of Pritam Singh r/o Rahnak P.S. Majhgawan were directed to face trial under the aforesaid provisions.