- (1.) This application under Section 482 Cr.P.C. has been filed for quashing the impugned order dated 20.5.2015 passed by Additional Sessions Judge (Court No. 2), Aligarh in Criminal Revision No. 1039 of 2013 (S.I. Anand Prakash and others Vs. State of U.P. And another) by which the revision preferred by petitioner has been dismissed and the order dated 29.11.2013 passed by Chief Judicial Magistrate, Aligarh in Case No. 115/12 of 2013 (Manveer Singh Vs. S.I. Anand Prakash and others) arising out of Case Crime No. 364 of 2012, P.S. Quarsi, District Aligarh under Sections 147, 342, 302 I.P.C. by which protest petition filed by Manveer Singh was allowed and the final report No. 03 of 2012 dated 28.8.2012 was rejected.
(2.) Brief facts of the case are that the first information report was lodged on 15.4.2012 at 21.30 hours by one Manveer Singh, the brother of the deceased Shyamu in which it was stated that he along with his two brothers Ramu and Shyamu had gone to village Rustampur Elam at 9.00 a.m., P.S. Quarsi, District Aligarh to meet her sister. The informant along with his brothers and sisters Smt. Munesh Kumari were having conversation in the house at about 11.30 a.m., a team of S.O.G. in plain clothes had gone to the house and were known to them from before. The S.O.G. police personnel forcibly were taking his brothers Ramu and Shyamu from the house on which the informant and his family members objected and asked about the reason for taking the two brothers but they were threatened for dare consequences of their lives by the four police personnel, who were armed with revolver and pistol. The informant and his family members informed the police personnel that Shyamu was not wanted in any case and he is on bail in all the cases and why he is being taken by them but the police personnel did not paid any heed to their request and started assaulting the two brothers and took them in a Bolero vehicle. The informant and along with his family members and other persons of the village followed the vehicle of the police personnel. The police took two brothers Ramu and Shyamu at police outpost Talanagari and they confined the two brothers and started beating them and tortured Shyamu by pouring water through nose and on account of which Shyamu died. It was further stated that after the death of Shyamu, police personnel administered poisonous substance in his mouth and also poured water in his mouth. The police thereafter, brought the accused Ramu to police station Quarsi and confined him in police lock up and took Shyamu to Medical College, Aligarh where he was declared dead. The incident was witnessed by informant along with one Arun Kumar son of Mahendra Singh, Prem Pal Singh son of Nihal Singh, Bhura Singh son of Hari Pal Singh and Smt. Munesh Kumari wife of Virendra Pal Singh and other persons of village Rustampur. The F.I.R. was lodged against all the applicants by informant Manveer Singh, opposite party no. 2, who has died during the pendency of present application.
(3.) The Investigation of the case was initially conducted by Station Officer of Police Quarsi, thereafter, it was entrusted to S.I.S., which interrogated the complainant and the witnesses mentioned in the F.I.R. who have supported the prosecution case.;