- (1.) We have heard the learned counsel for the parties. Mr Prashant Bhushan, learned counsel for the petitioners has confined his relief to para 15 of the impugned judgment which reads as under: "This relief relates to the incident dated 28-5-2009 when the petitioners had gone to serve dasti summons, issued by the Supreme Court. They want CBI inquiry should be ordered for this incident."
(2.) The grievance of the petitioners is that despite all efforts the first information report of the incident dated 28-5-2009 could not be registered. The complaint letter dated 28-5-2009 written by the petitioners to the SSP, Noida, which is at p. 150 of the paper book, reads as under: "To: SSP, Noida Dear Sir, We, Monica Kumar and Manish Kumar had gone to Noida, Sector 39, Police Station to serve a dasti notice of the Supreme Court order to Anil Samania, SHO of Sector 39, PS Noida. Upon our request to receive the dasti notice, the SHO Anil Samania refused and sent us to SI J.K. Gangwar. We went to J.K. Gangwar, to receive the notice, but he also refused. Previously we had asked Section 10 of the Supreme Court and some advocates, that if the respondents did not receive the notice, the service would be incomplete and our case would not be listed before the Court, and also that we needed some proof to show that we had gone for servicing, so we had brang (sic) with us a video camera. This video camera was seen by the SHO Anil Samania and other policemen. They snatched our video camera. They also snatched our mobile and all our belongings and abused us. The police, Anil Samania and J.K. Gangwar and other policemen started brutally assaulting us with legs, fists and sticks. Anil Samania molested me. They detained us in the lock-up and threatened to file a false case against us. They kept on beating us for many hours until our mother called SSP and he called Anil Samania and told him to leave us. After the SSP called Anil Samania to his office and when he came back, he received our Supreme Court notice, but forced us to write an apology letter, sorry for videocamering the police. Also the clips were deleted by the police. The police, Anil Samania threatened to encounter us if we told anyone that they had beaten us. We had gone around at 10.30 a.m. to the Police Station, but they kept on beating and detained us until about 4-5 p.m. We received injuries and I (Monica Kumar) has got also a fracture in my left arm. Please Sir, I request you to lodge an FIR and take action and suspend these policemen. The police beat us at the behest of Mahalingam, Chairman of Santosh Medical College. Please take some action against them. Medical reports are enclosed. Sincerely, Thank you. Add.: K-S, Sector 12, sd/- Pratap Vihar, Monica Kumar Ghaziabad Ph.: 9999346771, 0120-2742148 sd/- Manish Kumar"
(3.) According to the learned counsel for the respondents, the appropriate application which the petitioners should have filed is the application under Section 156(3) of the Code of Criminal Procedure. At this stage, the learned counsel for the State of U.P. submitted that he has no objection if the matter is inquired into by a Judicial Magistrate.;