SATYA PAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS petition has been filed by the petitioner Satya Pal Singh with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned first information report dated 4.4.2009 and subsequent and consequential proceedings drawn against the petitioners in Case Crime No. 148 of 2009 under Section 306, I.P.C. and Section 7 of the Prevention of Corruption Act, 1988, Police Station Kareilly, district Allahabad, to issue a writ, order or direction in the nature of mandamus commanding and directing the respondents not to arrest the petitioner in Case Crime No. 148 of 2009 under Section 306, I.P.C. and Section 7 of the Prevention of Corruption Act, 1988 Police Station Kareilly, district Allahabad and to issue a suitable writ, order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case.

(2.) THE facts in brief of this case are that the F.I.R. has been lodged by Sub-Inspector Saman Singh at P. S. Kareilly, district Allahabad on 4.4.2009 at 4.35 p.m. in respect of the alleged incident dated 4.4.2009 which had occurred at unknown time, the F.I.R. has been lodged in Case Crime No. 148 of 2009 under Section 306, I.P.C. but subsequently Section 7 of the Prevention of Corruption Act, 1988 has also been added. It is alleged in the F.I.R. that one Sri Sayyed Masood Hussain informed the Police Station, Kareilly on 4.4.2009 vide Nakal Rapat No. 22 at 12.10 O'clock that deceased Sayyed Gayas Ahmed alias Ghosh had committed suicide by way of hanging inside the room of the first floor of his house, on that information Sub-Inspector Saman Singh came at the place of occurrence and saw the dead body inside the room in hanging condition and initiated the proceedings of inquest at 13.25 O'clock. He called the private photographer from the market who did the photography of the dead body from different angles, thereafter the dead body was taken down and it was kept outside the room and did the inspection of the dead body, during inspection one suicide note was recovered from pant's pocket of the deceased in which it was written by the deceased that he was serving in P.C.F. department, its M.D., A.M.D. and G.M. (Administration) had realized the amount of Rs. 48,000 from the month of September, he was receiving the calls from the headquarters for providing more money but he was not able to arrange such money from anywhere, he was disappointed due to ramped corruption of P.C.F. and he was compelled to commit suicide, his last desire was that if any money was accountable from P.C.F. department the same may be given to his younger brother Sayyed Mohd. Safiyan. It was found that the deceased was posted in P.C.F. department at Mahoba at the post of Assistant Manager who had come to his house on 3.4.2009, thereafter the writing of the suicide note was identified by his family members. THE first informant draw the conclusion that the deceased had committed suicide only because he could not fulfil the illegal demand of paying money to M.D., A.M.D. and G.M. (Administration) for which he was threatened for spoiling his service career and putting him on suspension.

(3.) IN reply to the above contention, it is submitted by the learned A.G.A. and the learned counsel for the respondent that the petitioner was a young honest officer, he has been made the victim of corruption spread in P.C.F. department, he was compelled by the petitioner to pay the money continuously as illegal gratification, he had already paid the amount of Rs. 48,000 even then he was asked to pay some more money, being honest officer it was not possible for him to fulfil the illegal demand of the petitioner and the threat was also extended to him by the petitioner and other to spoil his career and to put him under suspension due to which he was too much disturbed, it is a case in which the deceased has been made the victim of corruption spread in P.C.F. department. The deceased was compelled by the petitioner and others to commit suicide though there is no direct instigation for committing the suicide but the circumstances were sufficient for compelling the deceased to commit suicide which comes in the definition of Section 107, I.P.C.