Ram Paita Kannaujia vs State of U.P. and Others

M. Katju and U.S. Tripathi, JJ.—Heard learned counsel for the petitioner.

The petitioner has challenged the impugned FIR dated 15-3-2001 (Annexure 1 to the petition) relating to Case Crime No. 33 of 2001 under Sections 376/452/506, IPC, Police Station, Sarnath, district Varanasi. The FIR reads as follows :-

lsok esa]

Jheku Fkkuk/;{k

lkjukFk] okjk.klh A

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fuosnu gS fd izkfFkZuh vk''kk nsoh iq=h iqUuh yky jktHkj xzke cjMiqj Fkkuk lkjukFk ftyk okjk.klh dh jgus okyh gwa xr fnukad 10&3&2001 dks Hkksj esa rhu cts Fkkuk lkjukFk flikgh ftldks yksx dUukSft;k dgrs gS ''kjkc ihdj gkFk esa dV~Vk fy;s gq;s ?kj dk njoktk rksMdj izkfFkZuh ds lkFk cykRdkj fd;k A izkfFkZuh ds ikl mldh nks NksVh cgus Hkh lksrh Fkh ftudk uke js[kk mez X;kjg lky o dYyh mez lkr lky Hkh tkx x;h Fkh mDr flikgh mudks Hkh dV~Vk fn[kkdj Mjkuk /kedk;k vkSj fpYykus ls jksdk A mlh le; izkfFkZuh dk HkkbZ v''kksd Hkh viuh pk; dh nqdku ls ?kj okil vk;k Fkk ?kj esa gks jgh vkokt dks lqudkj vUnj vk;k rks mldks Hkh eqyfte dUukSft;k dV~Vk fn[kkdj ckgj Hkxk fn;k vkSj cykRdkj djus ds ckn izkfFkZuh dks /kedh nsrs gq;s pyk x;k fd vxj rqe fpYykvksxh vkSj Fkkus esa fjiksVZ djksxh rks rqEgkjs lfgr iwjs ifjokj dks tku ls ekj nsaxs A ?kVuk ds le; izkfFkZuh ds ?kj esa fMcjh ty jgh Fkh ftldh jks''kuh esa izkfFkZuh ,oa mlds nksuksa NksVh cgusa ,oa HkkbZ v''kksd us eqyfte flikgh dUukSft;k dh /kedh dh otg ls izkfFkZuh le; ds vUnj fjiksVZ ntZ ugha djk ldh A

vr% Jheku th ls izFkZuk gS fd ?kVuk ds lEcU/k esa fjiksVZ ntZ dj eqyfteku flikgh dUUkkSft;k ds f[kykQ mfpr dk;Zokgh djus dh �ik djs A izkfFkZuh vk''kknsoh A

fnukad 15&3&2001 ys[kd vrqy flag lkjukFk okjk.klh A

A perusal of the FIR shows that the allegations therein are that on 10-3-2001 at 3.00 a.m. the petitioner who is a Police Constable came to the house of the first informant in a drunken state with a Katta in his hand, broke the door of the house of the first informant and entered the house and raped the first informant at the Katta point. The two sisters of the first informant namely Rekha aged about 11 years and Kallo aged about 7 years who were sleeping there woke up and the petitioner threatened both the girls with his Katta. The first informant''s brother Ashok came there and he was also threatened by the petitioner by showing him the Katta. The petitioner then threatened the first informant saying that if she reported the matter then her entire family will be killed.

A large number of petitions are coming up before this Court with allegations against the Police that they are behaving like bandits, thieves, rapist and petty criminals. In similar Cril. Misc. Writ Petition No. 1629 of 2001 (Mahesh Chandra, Hd. Constable v. State) decided on 26-3-2001 and Crl. Misc. Writ Petition No. 894 of 2001 (Rama Kant Misra v. State) decided on 1-3-2001 (reported in 2001 ALJ 822 we condemned this sad state of affairs prevailing in our country. The way in which a large number of Police personnel are behaving reminds us of the days of the Mughals when Thugs and Pindaris were looting the public and terrorizing them in many ways. The police are supposed to protect the people and not to rape, black mail or loot them. We do not mean to say that there are no good Policemen but it seems that they are in the minority. The majority of the policemen are not behaving properly at all. The Director General of Police must look into this and pass appropriate orders to check these kinds of criminal activities of policemen. We are living in a civilized sdteiety where the rule of law prevails and it is high time that the police also start betiaving in a civilized manner.

Since the allegations in the FIR make out a prima facie case we cannot interfere. The petition is dismissed. However, the observations in this judgment will not influence the Court hearing the petitioner''s bail application or trial.

Let the Registrar General of this Court send a copy of this judgment to the Director General of Police, U. P. who will issue stern directions to all police personnel that strong action will be taken against those policemen committing such crimes.