Netra Pal Singh vs Chief Judicial Magistrate and Another

G.S.N. Tripathi, J.—This revision is directed against the order dated 7.10.95, passed by the Chief Judicial Magistrate, Bulandshahr, on the application u/s 156(3), Code of Criminal Procedure whereby the learned Magistrate has rejected the same.

The applicant has alleged that his grandson Devendra, s/o. Sri Hargovind Singh and his relation Sri Rajendra Kumar alias Lala were kidnapped by the police and later on, in the same night, they were done to death. Hence a murder has been committed by the policemen. He further prayed that suitable enquiry be made and legal action be taken against them.

The learned Chief Judicial Magistrate directed the police authorities of the same police station and same Zone (C.O. Zone) to make an enquiry into the allegations made by the applicant. As usual, investigation was done by the Circle Officer and a report was submitted that, in fact, these two persons were killed in an encounter while they were making preparation to commit dacoity and murder. After perusing this report of the Circle Officer, the learned Magistrate rejected the application u/s 156(3), Code of Criminal Procedure moved by the applicant revisionist.

Feeling aggrieved, the revisionist Netra Pal Singh has come to this Court.

I have heard learned Counsel for the revisionist Sri Sunil Kumar and Sri M.C. Singh, learned Counsel for the State and perused the record. I find that the order of the Chief Judicial Magistrate is totally perverse and illegal and it does not deserve to be sustained even for a minute.

At this stage, without expressing any opinion on the merits of the case, I only want to say that serious allegations have been made by Netra Pal, in which he has alleged that two persons, namely, his grandson Devendra and his relative Sri Rajendra Kumar alias Lala were kidnapped and later on killed by the policemen and the story of an encounter was totally false. Since the allegations have been made against the policemen, it was essential for the learned Chief Judicial Magistrate, Bulandshahr to have directed the higher police authorities, including the S.S.P. to make an enquiry into the matter because serious allegations have been made against them.

At this stage, the only thing which has to be done is that a fair and impartial enquiry should be made. If the accused persons are innocent, that is all right. They shall not be challaned by the police and they may be acquitted after a full-fledged trial. But the present need is that a fair and impartial enquiry should be ordered to be made by an independent agency, without in any way being influenced by any authority whatsoever.

Accordingly, I set aside the order of the learned C.J.M. dated 7.10.95. The revision is thus allowed. It is directed that a C.B.I, enquiry shall be ordered to be made by the Government of Uttar Pradesh within 10 days of the receipt of a certified copy of this order.