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IN THE HIGH COURT OF ALLAHABAD
SADHNA RANI THAKUR, J.
Aniruddh Singh And Another – Appellant
Versus
State of U.P. and Another – Respondents
Criminal Appeal No.3164 of 2021
Decided on : 04-12-2021
Indian Penal Code, 1860 - Sections 323, 452, 504, 506 - SC/ST Act, 1989 – Sections 3(1) (r) and 3(1) (s) - Criminal Procedure Code, 1973 - Section 156(3), 197, 200 and 202 – threatened and Assault – Criminal Intimidation - Intention of causing his death - Caste based abuses and beat him with kicks and blows - Sanction - Complaint against appellants and five others with contention that in morning opp. party due to enmity started hurling abuses at door steps of complainant - When complainant asked them not to do so, then Ram Kishun being provoked exhorted his sons and his brother-in-law to commit murder of complainant - At this, all these persons with intention of causing his death chased complainant. When he ran into his house, all these persons] entering into his house beat him with kicks, fists, shoes and danda. At his hue and cry his wife and mother came to rescue him - These persons assaulted his wife as well. At their alarm, the villagers came and rescued them - All these persons, while, going back damaged gas stove of complainant and gave threats of dire consequences. When complainant reached police, he saw that all these persons were already sitting there and sighting complainant they started hurling foul language.
Finding of the court :
As both appellants are the public servants, one is constable and another is chawki In-charge in the police station and it is admitted fact that both were present at police chawki i.e. on their duty place at the time of incident and misusing their post they are said to make the complainant sit in lockup for one/two days - Sanction under section 197 Cr.P.C. was must for filing the complaint against these appellants which admittedly has not been taken by the complainant. From the record, it is also clear that appellant Anirudh Singh initiated a proceeding under section 107/116/151 Cr.P.C. against the both parties. Next day Anirudh Singh Chauki In-charge did not find it proper to register the first information report on the application moved by the opp. party no. 2 complainant -Leads to this irresistible conclusion that the complaint filed by the respondent no. 2 is the counterblast of the action taken by the appellants in discharge of their official duties and thus, no cognizance against them could be taken by the learned Magistrate without previous sanction under section 197 Cr.P.C.
Result: Appeal allowed
JUDGMENT :
1. The present appeal has been filed by the appellants namely, Aniruddh Singh and Ram Darash Yadav against the judgment and order dated 21.11.2020 passed by Special Judge, SC/ST Act, Sant Kabir Nagar in Complaint Case No. 39 of 2020, Om Prakash Vs. Ram Kishun and others, whereby the appellants have been summoned under section 323 I.P.C. and 3(1) (r) and 3(1) (s) SC/ST Act, 1989 police station Khalilabad District Sant Kabir Nagar and the other co-accused have also been summoned to face trial under sections 323, 452, 504, 506 I.P.C. and 3 (1) (r) and 3(1) (s) SC/ST Act, 1989.
2. The facts giving rise to the dispute are that the opp. party no. 2 Om Prakash filed a complaint no. 39 of 2020 against the present appellants and five others with the contention that on 18.6.2020 at 7.00 in the morning the opp. party Ram Kishun, Rakesh, Umesh and Rishikesh @ Chhotu due to enmity started hurling abuses at the door steps of the complainant. When the complainant asked them not to do so, then Ram Kishun being provoked exhorted his sons Rakesh, Umesh, Rishikesh @ Chhotu and his brother-in-law Ram Ganesh to commit murder of the complainant. At this, all these persons with intention of causing his death chased the complainant. When he ran into his house, all these persons ]entering into his house beat him with kicks, fists, shoes and danda. At his hue and cry his wife and mother came to rescue him. Ram Kishun pushed his mother consequently, she sustained grievous injuries in her hand. These persons assaulted his wife as well. At their alarm, the villagers came and rescued them. All these persons, while, going back damaged the gas stove of the complainant and gave threats of the dire consequences. When the complainant reached the police chauki, he saw that all these persons were already sitting there and sighting the complainant they started hurling foul language. Constable Ram Darash Yadav and chauki Incharge Aniruddh Singh hurled caste based abuses and beat him with kicks and blows. They were made to sit at the police chauki for two days and were threatened to be implicated in false cases. On the request of complainant, he was released after obtaining his signatures on the blank papers. Due to fear he could not inform about the incident to anyone. The opp. parties are influential persons so the police party do not want to take action against them. He informed the Superintendent of Police, Sant Kabir Nagar through the registered post but no step has been taken.
3. The present complaint was registered. After recording the statements of the complainant Om Prakash and two witnesses Lal Chandra son of Sant Ram and Amrit Chandra son of Jagdish summoning the report from the police station concerned, the learned lower court passed the impugned order dated 21.11.2020 summoning these two appellants to face trial under section 323 I.P.C. and section 3(1) (r) and 3(1) (s) SC/ST Act, 1989 though the other co-accused were summoned under sections 323, 452, 504, 506 I.P.C. and 3 (1) (r) and 3(1) (s) SC/ST Act, 1989.
4. The appellants have assailed the impugned order on the ground that the opp. party no. 2/the complainant Om Prakash has a property dispute with Ram Kishun, Rakesh, Umesh and Kapikesh. On 17.6.2020 they were shouting and using filthy language and disturbing public peace wherein the appellant no. 1 challaned the opp. party no. 2 Om Prakash and his rival Ram Kishun under section 151/107/116 Cr.P.C. On 18.6.2020, the opp. party no. 2 complainant Om Prakash gave an application before the appellant no. 1 Anirudh Singh, the chauki Incharge police station Khalilabad district Sant Kabir Nagar for lodging the first information report against Ram Kishun, Rakesh, Umesh and Kapikesh on the basis of false facts and narrating the false story. The appellant no. 1 did not lodge the first information report. Being annoyed with the appellant, because of challani report dated 17.6.2020 and the fact that his first information report was not lodged, the compla
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