JAGDISH PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) This petition under section 482 Cr.P.C. has been filed for quashing the proceedings of criminal case no. 1485 of 1981 pending before the C.J.M., Aligarh.

(2.) A criminal complaint was filed by the Sales Tax Department, Aligarh through Sri K.D. Joshi, Sales Tax Officer against the applicant Jagdish, Basudeo and some others on 22.5.81 in the Court of C.J.M. Aligarh. The case set up in the complaint is as follows. The officers of the Sales Tax Department conducted a survey of the business premises of firm M/s Ram Charan Kasera, Kanwariganj on 7.9.79. The survey commenced at about 12 a.m. and continued till 6 p.m. and some incriminating documents were seized which were kept in a leather bag and the same was handed over to Sri Kishan peon of the department. While the officers of the Sales Tax Department were busy in the survey work, the accused called more than 100 persons to his shop. When the officers of the department were proceeding to leave the business premises of the firm, the accused along with their companions forcibly snatched the leather bag from Sri Kishan peon. They also made an attempt to forcibly snatch the bags which were being carried by Sri Indra Deo Ram and Sri K.N. Singh, Sales Tax Officers. In the scuffle which ensued a diary of Sri K.N. Singh was torned. The accused also forcibly obtained signature of Sri I.D. Ram on a letter which was written by them. They also assaulted Devendra Kumar Sharma, an employee of the department and prevented the officers from leaving the place by surrounding the Jeep of the department. However they could manage to come out on account of timely arrival of police patrol vehicle. A F.I.R. of the incident was lodged by Sri I.D. Ram at P.S. Kotwali on the same day, on the basis of which a case was registered as crime no.578 of 1979 under section 395 I.P.C. On 14.10.79 the accused along with some police personnel came to the house of Sri Kishan and took him along with them in a car. They obtained his signature on an affidavit after giving him threat of life. It was thus alleged that the accused had committed offence under sections 395,353,332,384,426 I.P.C.

(3.) Sri M.K. Gupta, learned counsel for the applicant, has submitted that the prosecution of the applicant on the basis of the complaint instituted by Sales Tax Department is violative of Article 20(2) of the Constitution and is also barred by the principles of issue estoppel. In order to appreciate the contention raised by the learned counsel for the applicant, it is necessary to mention certain facts. As mentioned in the complaint, F.I.R. of the incident was lodged on 7.9.79 against Jagdish, Basudeo and others under section 395 I.P.C. at P.S. Kotwali which was registered as crime no. 578 of 1979. The police after investigation submitted final report dt. 18.10.80. The final report was accepted by the C.J.M. Aligarh on 21.10.80. Subsequently a protest petition was filed on behalf of the Sales Tax Department through Sri K.D. Joshi, Sales Tax Officer on 17.2.81 wherein a prayer was made that the order accepting the final report be reconsidered and the accused be summond. This application was rejected by the learned C.J.M. on 12.3.81. The Sales Tax Department preferred a revision against the aforesaid order which was dismissed at the admission stage by the learned Sessions Judge on 19.5.81. The complaint giving rise to the present petition was thereafter filed on 22.5.81.