These four connected 482 Cr.P.C. Application Nos. 7975 of 2003,constable Raghuveer Singh Yadav Vs. State and others, 3039 of 2003 Gurdeep Singh and others Vs. State and others, 4002 of 2003, Natthoo Khan and others Vs. State of U.P. And others and 8366 of 2003 Raghuveer Singh Yadav Vs. State of U.P. and another, second 482 Cr.P.C. application filed by same constable Raghuveer Singh Yadav who is also applicant in 482 Cr.P.C. Application No. 7975 of 2003 through the same counsel, without disclosing fact of filing of an earlier Application for the same relief, have been filed with the prayer to quash the proceedings as well as FIR of crime no. 262 of 1987, under sections 364, 302 I.P.C., P.S. Tundla, District Firozabad. Ancillary prayer is for stay of arrest of the applicants in pursuance of FIR of the aforesaid crime.
In the revised call, none is present for the applicants to argue all the connected 482 Cr.P.C. Applications. Learned AGA is present for the State. More than a decade have gone by. These 482 Cr.P.C. Applications cannot be kept pending in the dockets of this Court without being finally disposed of for an indefinite period and, therefore, with the help of learned AGA, I have gone through the records. All the connected 482 Cr.P.C. Applications are being disposed of by this common order.
Perusal of records of 482 Cr.P.C. Application Nos. 7975 of 2003, and 8366 of 2003, both filed by same applicant constable Raghuveer Singh Yadav, with identical prayer revealed that at the initial stage of admission on 22.9.2003, Application 7975 of 2003 was not argued for admission and at the request by counsel for the applicant, it was placed for the next date. Subsequently, on the following date 23.10.2003 also in the revised list, no counsel appeared to argue it and hence said Application was directed to be listed in due course. During pendency of this Application, same applicant through the same counsel, filed another connected 482 Cr.P.C. Application No. 8366 of 2003, with the same prayer as has been made in earlier 482 Cr.P.C. Application No. 7975 of 2003. It is pertinent to mention that 482 Cr.P.C. Application No. 7975 of 2003 was filed on 20.9.2003 while this second 482 Cr.P.C. Application No. 8366 of 2003 was filed on 30.9.2003 just after ten days of the first 482 Cr.P.C. Application by the same applicant through the same counsel.
It is thus apparent that applicant constable Raghuveer Singh Yadav has indulged into most insalubrious practice through his counsel. Conduct of the applicant is most deplorable. He has filed two successive applications with the same prayer at an interval of ten days and in the later 482 Cr.P.C. Application, it has not been disclosed at all that any other earlier 482 Cr.P.C. Application was filed on behalf of the applicant at any earlier point of time.
In view of aforesaid, both the 482 Cr.P.C. Application Nos. 7975 of 2003 and 8366 of 2003 both titled as constable Raghuveer Singh Yadav Vs. State of U.P. deserves to be dismissed for prevarication suppresio falsi and for smudging the pious procedure of law in this Court. A cost of Rs. 25,000/- is imposed on constable Raghuveer Singh Yadav to be realized by C.J.M., Firozabad as arrears of land revenue or has been provided under the Code of Criminal Procedure within a month from the date of receipt of this order.
In view of aforesaid, although there is no need to enter into the merits of the dispute but since there are two other connected Applications being 482 Cr.P.C. Application Nos. 4002 of 2003, Natthoo Khan and others Vs. State of U.P. and 3039 of 2003 Gurdeep Singh and others Vs. State of U.P. and others that mentioning of the facts and considering all the Applications on merits becomes desirable and imperative.
From the perusal of the records of all the Applications, it is discernible that a FIR was lodged vide annexure no.1 (Application No. 4002 of 2003), which was registered as crime no. 333 of 1981, under sections 147, 148, 149, 307 I.P.C. and crime no. 334 of 1981, under section 25 Arms Act at P.S. Tundla, District Agra vide chik No. 287. It is mentioned in the FIR that on 19.2.1981 vide Rapat No. 10 at 6.15 a.m., an information was received that gang of Natthoo Khan bandit/dacoit will proceed towards ravine through village Kheriya. Believing the information to be credible, SHO Tilak Ram Verma armed with a semi rifle, SI Sher Singh Yadav, SI G.S. Sarna both armed with revolvers and 18/6 cartridges, SI G.S. Verma and SI Har Swaroop along with one pistol each and 16/6 cartridges, SI Sobaran Singh with SBBL gun along with cartridges, HC 48 Om Prakash, HC 62 Ram Khiladi along with 12 bore guns, HC 86 Ram Babu Dixit, constable 0601 Raghuveer Singh, constable 2028 Ahibaran Singh, constable 134 Surajveer Singh, constable 02954 Makshan Lal, constable 02514 Sughar Singh, constable 02467 Rajendra Babu, constable 413 Ram Niwas, constable 384 Rajveer Singh, each armed with a rifle and 50-50 cartridges, constable 181 Surendra Singh, constable 1255 Ram Chandra, constable 1791 Natthoo Khan, constable 520 Gopi Chand, constable 852 Rajendra Singh along with 12 bore guns, constable 842 Ashok Kumar, constable 1245 Ashok Kumar armed with clubs, started in police jeep and cycles from the police station. They endeavoured to collect independent witnesses from the way but nobody became ready to accompany them. After reaching near Peepal out post, Firozabad, police party took inter se search to rule out possession of any illegal weapon. SHO instructed police party and then they came near Hajratpur and laid in ambush in a trench and babul tree at 6.45 a.m. and started waiting for the dacoits. At 7 a.m., 7/8 miscreants from the side of the road approached the place where the police party was concealing themselves. The informer identified the miscreants as Naththi gang. SHO on this, challenged the gang that they were surrounded by the police and they should lay down their arms and surrender. Miscreants thereafter opened indiscriminate firing at the police party. In self defence, police party also made retaliatory fires because of which, miscreants withered away and taking advantage of the fog and the ravine they escaped from the incident scene. They were chased but nobody could be apprehended. Search, however led to the corpse of a miscreant, who was having 32 bore revolvers in his hand with 4 cartridges and was identified as Kanta @ Sanehi Mallah resident of village Tidawali, P.S. Fatehabad, who used to live in village Kurra. Corpse of the dead miscreant with SI G.S. Verma, SI Sobaran Singh, constable 2019 Sahukar Singh, constable 1791 Natthoo Khan, constable 02514 Sughar Singh, constable 02919 Haremurari, constable 02467 Rajendra Babu, constable 0483 Ramveer Singh, SI G.S. Sarna, SI Harswaroop Singh constable 02228 Ahibaran Singh, constable 0134 Surajveer Singh, constable 0520 Gopi Chand, constable 0862 Rajendra Singh along with jeep were dispatched to Kurra Dhurkuna. The description of the fired cartridges by the police force was mentioned in the FIR.
The pleadings made in the affidavit, further indicate that final report vide annexure no. 2 was submitted on 31.1.82. However, the investigation, vide paragraph 7A of the affidavit, was transferred to C.B.C.I.D. at the request made by respondent no.2 Hukum Singh under the order of the Government. Annexure no. 3 is a report submitted by inspector CBCID, Agra dated 14.3.84 demanding the record of the case for the purpose of investigation.
Another altogether different version of the same incident was lodged vide paragraph 8 of the affidavit through another FIR registered as crime no. 262 of 87, under sections 364, 302 I.P.C. vide annexure no. 4 by informant respondent no. 2 Hukum Singh in respect of kidnapping and false/fake police encounter of the deceased Antram @ Sanehi son of Roshan Lal. According to this FIR version, informant is a farmer and deceased Antram @ Sanehi was a peace loving citizen and was a farm labourer. He also worked as cattle guard in the Forest Department and was having a clean and good character. The aforesaid Antram @ Sanehi used to resist and object torture by the police of the innocent villagers and used to make complaints to the officials because of which the police and their taut harbored animosity with him. On 19.12.81 at 6 a.m. SI of P.S. Tundla along with constables inquired about the house of Antam @ Sanehi near the Forest Department. They were pointed out the house of the said person. The aforesaid police personnel, thereafter, went to the house of Antram @ Sanehi, called him out and started assaulting him with clubs. He was produced before senior inspector, who thereafter ordered fracturing both of his limbs. He was thereafter put in a jeep along with 6 or 7 constables and was brought to the police station. When the informant inquired from the I.O. why he is indulging into such illegal activity, he was abused and threatened and the I.O. stated that he will lodge Antram @ Sanehi in jail. Wife and the villagers along with forest department officials, who lived in Nagla Singh were informed about the arrest of Antram. An intimation regarding that illegal arrest was also dispatched to the District Magistrate on 19.12.81. D.F.O., Agra was also informed about the same. On 20.12.81, informant and other villagers were made aware of at 12 in the noon that Antram has been murdered. They requested the police for handing over his corpse but their request was rebuffed. It is alleged that in a fake encounter police had gunned own Antram @ Sanehi. Primarily with above allegations that FIR annexure no. 4 was lodged by the informant against the police personnel as crime no. 262 of 87, under sections 364, 302 I.P.C., P.S. Tundla, District Firozabad. It is pertinent to mention here that the said FIR was registered on 24.8.87 at 7.15 p.m. at P.S. Etmadpur, District Agra. From perusal of paragraph 12 of the affidavit filed along with the aforesaid 482 Cr.P.C. Application No. 4002 of 2003, it transpires that even sanction for prosecution of the accused of that fake police encounter case has been given by the Government on 22.2.2002.
The pleadings made in the affidavit/application revealed that grievance of the applicant is that no second FIR in respect of the same incident can be registered. It is also stated in paragraph 21 that the arrest of the applicants were stayed in 482 Cr.P.C. Application No. 3039 of 2003 vide order dated 7.5.2003, which is annexure no.5.
With the aforesaid pleadings, the applicants have prayed to quash the F.I.R. of crime no.262 of 1987, under sections 364, 302 I.P.C., P.S. Tundla, District Firozabad as well as the investigation in pursuant thereto. They have further prayed to stay their arrest. It is mentioned here that 482 Cr.P.C. Application No.4002 of 2003, has been filed by as many as fourteen applicants, namely, Natthu Khan, Ashok Kumar, Om Prakash, Hare Murari, Raj Kumar, Rajendra Singh, Soorajbir Singh, Ashok Kumar, Ram Khilari Sharma, Constable C.P. 1527 Rajbir Singh, constable C.P. 866 Ahibaran Singh, Ram Babu Dixit, Rajendra Babu and Ram Chandra.
Thus what is evident from the above slated facts is that in fact the FIR of crime no. 262 of 87 relates with offence of kidnapping and murder in a false and fake police encounter u/s 364, 302 I.P.C. It had not co-relation with the FIR lodged at the behest of the police of a dacoity encounter and loosing of life by one of the dacoits. Both the offences are entirely different having different texture and altogether different versions. One is a kidnapping with false and fake police encounter in which one innocent person has been murdered because the police was annoyed with him while the other is of police encounter with gang of dacoit in which one of the so called dacoit had lost his life. Thus crime no. 262 of 87, under sections 364, 302 I.P.C. by no prudent imagination can be said to be a second FIR about the same incident. It is in respect of altogether different incident. Both the FIRs, annexure no.1 & 4, have been registered at the behest of the police and Hukum Singh.
Without discussing further since both the incidents are different with different allegations and since disclosed offences in both the aforesaid FIRs are also different, therefore, one FIR cannot be said to be an offshoot of another or second FIR about the same incident therefore there does not arise any question of quashing the FIR and the prosecution of the applicants who are accused of a fake police encounter incident of an innocent citizen. Police is law enforcing agency and it's duty is to protect citizens of this country. It cannot be allowed be become outlaw and law unto itself. Therefore, prayer made by the applicants in all the above 482 Cr.P.C. Applications are wholly misconceived and cannot be accepted at all. From the pleadings it is discernible that State Government has already accorded sanction for the prosecution of the applicants accused and, therefore, on an overall analysis, I find no merit in all the above connected 482 Cr.P.C. Applications and all of it are hereby dismissed.
Stay of arrest of the applicants accused stands vacated and all the applicants are directed to be arrested forthwith. All interim orders passed in any of aforesaid Applications stands vacated.
So far as cost as has been imposed by this order is concerned, it is directed to be realized as directed above and the realized money shall be handed over to the Legal Cell of District Firozabad to impart justice to the poor, who cannot afford an advocate's fee.
Let this order be intimated to the concerned court, who is directed to proceed with the trial and act in accordance with law immediately.
Let a copy of this order be certified to all concerned including DGP U.P. Lucknow forthwith for necessary action.
Dt.21.5.2014 Arvind/-