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Reserved on 24.05.2022

Delivered on 16.08.2022

In Chamber

Case :- APPLICATION U/S 482 No. - 14134 of 2015

Applicant :- Rajeev Pratap Singh @ R.P. Singh

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- H.K. Sharma,Manu Sharma

Counsel for Opposite Party :- Govt. Advocate,Satya Dheer

Singh Jadaun

Hon'ble Rajendra Kumar-IV,J.

Heard learned counsel for the applicant, learned AGA for the

State, learned Counsel for the opposite party no.2 and perused

the material available on record.

By means of present application under Section 482 Cr.P.C.,

applicant has sought quashing the impugned summoning order

dated 13.02.2015 passed by Special Chief Judicial Magistrate in

Complaint Case No.3636 of 2010, under Sections 342, 504, 506

and 392 IPC, Police Station Kalyanpur, District Kanpur Nagar

and its entire proceedings.

Learned Counsel for the applicant submitted that applicant is

Sub Inspector in Police Department and he is innocent. He has

committed no offence and has been falsely implicated in the

present case. While posting in police station concerned, the

applicant challaned the brother of applicant, found some

recovery from his possession and he remained in jail in criminal

case. Thus, for the said reasons, complainant/informant become

annoyed with the applicant and falsely moved an Application

under Section 156(3) Cr.P.C. against the applicant and some

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other persons. Learned Counsel further submitted that entire

allegation levelled against the applicant in Application under

Section 156(3) Cr.P.C. is vague and fictitious and offence is not

made out against the applicant. Learned Counsel further

submitted that police did not find any offence and submitted

final report in the matter. Thereafter, protest application was

moved and the same has been treated as complaint. Magistrate

passed the summoning order without applying his judicial mind.

He showed some documents and statements in support of his

contentions. No other points have been raised assailing the order.

Learned Counsel for the informant and State opposed the

submissions and submitted that accused applicant with the help

of other co-accused / his associates got rid of Rs.50,000/- of

complainant's brother Dilip Kumar Dubey which he had taken to

purchase tempo at the time of incident, he was kept / detained in

police station illegally and thereafter got him falsely challaned

through his police personnel. Accused took the benefit of his

position illegally. Learned Magistrate had passed the impugned

summoning order rightly because there was sufficient ground for

proceedings against the accused persons.

Brief facts of the prosecution story are that complainant /

informant moved an Application under Section 156(3) Cr.P.C.

before the Magistrate concerned against the applicant and other

co-accused persons stating that on 05.06.2005 at about 11 PM

near CSJM University, complainant's brother Dilip Kumar

Dubey was going to purchase the tempo with Rs.50,000/-. He

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was kidnapped by accused along-with his associates at gun

point. Accused got rid of Rs.50,000/- from him. Accused abused

to Dilip Kumar Dubey and detained him in Police Station Jalaun

illegally for four days. Accused made a call to the complainant

that if he wanted his brother safe, he would have to arrange Rs.

1,00,000/- and had to come in police station, otherwise, his

brother would be send to jail in any heinous offence and he

would go far away from him. It is also mentioned in application

that on 10.06.2005 informant / complainant came to know that

his brother Dilip Kumar Dubey was kept detained in police

station by accused-applicant by using his position in police

department. During those four days, he was neither challaned

nor released. Accused-applicant got rid of Rs.50,000/- from his

brother Dilip Kumar Dubey and falsely challaned him through

his police personnel.

On the basis of application under Section 156(3) Cr.P.C. FIR was

ordered