CHANDRA BHUSHAN TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) Both these petitions have been filed under Section 482 Cr.P.C. for quashing the summoning order dated 24.7.2007 passed in Case No.2705 of 2007 in Crime No.89 of 2002, under Section 304 IPC, Police Station Sakran, District Sitapur.

(2.) Initially, Smt. Pushpa Devi wife of Mudrika Singh lodged an F.I.R. on 12.6.2002 at about 10.05 P.M. registered at Crime No.89 of 2002, under Section 304 IPC alleging therein that on 12.6.2002 at around 3.30 PM, her husband Mudrika Singh was present at their house when his employee, Shiv Kumar Maurya had allegedly informed her husband that the Sub-Divisional Magistrate, Laharpur (petitioner of 3916 of 2008) and Tehsildar, Laharpur (petitioner of 3919 of 2008) along with security force had come and were looking for Mudrika Singh and both the petitioners had abused her husband and security personnel had pointed rifle on her husband. Her husband tried to run away, but fell down on the courtyard and died. It was also alleged that Mudrika Singh died due to mental torture caused by the petitioners, who were posted as Sub-Divisional Magistrate and the Tehsildar.

(3.) Other side of the story as set out in the petition, is that on 12.6.2002 at around 3.30 PM, the petitioners in order to stop the trade of black-marketing of the food-grains on the basis of an information that an illegal purchase and storage of wheat was being done at the mill of Mudrika Singh, reached with the team to the said mill. Mudrika Singh after seeing the raiding party, ran away from the mill. Three employees present inside the mill told the raiding team the person who had escaped, was the owner of the place and his name was Mudrika Singh.