RAMJEET YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) The present petition under Section 482 Cr.P.C. has been filed challenging the order dated 8.9.2008 passed by the Chief Judicial Magistrate, Lucknow in Complaint Case No.6729 of 2007, whereby the petitioners have been summoned under Sections 452, 323, 504, 506 IPC and 3(1)(X) SC/ST Act.

(2.) The petitioners are the police officials, who were posted at the relevant time at Police Station Chowk. The police persons were informed that some persons are stealing Suitcases/Briefcases of the passengers from the train. During raid, they recovered Suitcases of international brand along with some clothes and other belongings of the passengers. The accused along with one Pratap Pasi were arrested and they were sent to prison. Pratap Pasi died in the prison within a month due to natural cause as he was suffering from Cancer, which spread upto Liver. At the time of post-mortem, it was opined that the cause of death was due to anemia and Liver Cancer. After the death of Pratap Pasi, his wife Smt. Shiv Devi filed a criminal complaint alleging that the petitioners on 12.10.2006 at 12'O Clock in the night came to their house and severely assaulted her husband Pratap Pasi and they demanded Rs.25,000/- from her husband and said if the amount was not given, they would kill her husband in an encounter. After recording the statements under Sections 200 and 202 Cr.P.C., the petitioners had been summoned vide impugned order for the offences mentioned above. However, the Magistrate did not summon the petitioners under Sections 302 or 304 IPC.

(3.) Heard Sri Salil Kumar Srivastava, learned counsel representing the petitioners and Sri L.J. Maurya, learned AGA representing the State.