RATAN TIWARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicants have preferred an application under Section 482 of Cr.P.C to quash the proceedings of the Criminal Complaint Case No.1037/2011 pending before JMFC Gadarwara and also challenged the order dated 9.7.2011 passed by JMFC Gadarwara in that case by which the complaint was registered for offence punishable under Section 306 read with Section 34 of I.P.C.

(2.) Facts of the case are that on 5.7.2007 applicants were posted as Police Officers at Outpost Sali Chauka of Police Station, Gadarwara. On 5.7.2007 at about 8.00 p.m in the night one Dinesh came and started abusing to the family of one Manohar Singh in the Village Sali Chauka and also assaulted his son Sandeep @ Deepak. Uma Bai and Sadhana saved the victim Sandeep. Thereafter, Uma Bai and Sadhana went to the outpost Sali Chauka for lodging an FIR. The applicant no.1 Ratan Tiwari, who was Assistant Sub Inspector at that outpost did not lodge a FIR in a regular manner and no medical investigation was directed. Due to activity of the2 Police, Hemant and Dinesh became more violent and therefore, at about 9.00 p.m in the night Manohar Singh himself went to lodge a FIR but, no FIR was lodged by applicant no.1. Thereafter, Sandeep @ Deepak s/o Manohar Singh reached to the outpost and he had also requested for lodging a FIR. But, no FIR was lodged. On the contrary the applicants insulted the victims by telling abuses relating to their caste and thereafter, applicants assaulted Sandeep as well as Manohar Singh and kept them behind the bars. Applicants no.2 to 4 were in drunken condition. In the meantime, Dinesh and his son Hemant reached to the outpost and they starting assaulting Deepak @ Sandeep before the Police but, applicants did not interfere in the matter. Applicants asked for a sum of Rs.5000/- from Deepak @ Sandeep to release his father Manohar Singh. Thereafter, Sandeep was assaulted by the applicants in a bad manner. They told that if he dies in the incident then they will make a Panchanama and close the case. Being tortured by the Police, Sandeep @ Deepak left the outpost and went to the railway line which was 100 steps away from the outpost and jumped before the train and therefore, he committed suicide. Applicants no.1 to 4 did not permit the father Manohar Singh to save his son on the contrary they shouted that let him die. Matter could not be registered by the Police. Thereafter, due to public agitation matter was registered for offence punishable under Section 306 of I.P.C but, no final report was submitted before any Magistrate. Manohar Singh himself has submitted a complaint before JMFC Gadarwara for offences punishable under Sections 302, 306 read with section 34 of I.P.C., 109, 119, 323, 161, 162 of I.P.C. After taking the evidence under Sections 200 and 202 of Cr.P.C., learned Magistrate registered a criminal complaint for offences punishable under Section 306 read with section 34 of I.P.C.

(3.) Learned counsel for the applicants submits that a fake3 complaint has been registered by the learned JMFC Gadarwara. Complaint case is not at all maintainable. Magisterial enquiry was directed to enquire about the death of Sandeep Silawat and that report was negative. Thereafter, Police has directed to file a final report in the case and Police has prepared a final report. Complaint was lodged for offence punishable under Section 302 of I.P.C also but, it was registered for offence punishable under Section 306 read with Section 34 of I.P.C only. Under such circumstances, no ingredients of Section 107 of I.P.C is established by the complainant. Applicants are Police officers and they are unnecessarily harassed by submission of that complaint. No compliance of provision under Section 197 of Cr.P.C was made by the complainant. Under such circumstances, it is prayed that proceedings of that criminal complaint case may be quashed.