Pankaj Naqvi, J. - (1.) Heard Sri Amit Daga, learned counsel for applicants, Sri Jagdish Prasad Mishra for O.P. no.2 and the learned A.G.A.
(2.) This application u/s 482 CrPC has been preferred for quashing the entire proceedings of Criminal Complaint Case No. 2615/9 of 2010 (Smt. Hashmi Vs. Afzal and others), under Section 302 IPC, P.S. Sikhera, District- Muzaffarnagar, pending in the Court of Chief Judicial Magistrate, Muzaffarnagar.
(3.) The O.P. no.2 filed an application dated 25.8.2004 under Section 156(3) CrPC alleging that her son Shahzad used to work for applicants, but they never use to pay him. On 4.7.2004, applicants Afzal, Safdar and Akhtar came to her house to persuade Shahzad to come back with them for work, on the assurance that dues would be settled. The son proceeded with the applicant, but did not return till late evening, informant and other family members grew apprehensive, applicants- Afzal, Safdar and Akhtar again came to the house of informant at wee hours, i.e, at 2:00 A.M, on 5.7.2004 to inform that the son lay unconscious at their place, on hearing the news, complainant and other members proceeded to the house of applicants to see that the son lay dead, with injuries on chest, blood oozing out from the mouth and the testicles visibly damaged alleging that the act was an outcome of a planned murder, the complainant attempted to lodge an F.I.R, but was prevented by a sitting Pradhan, Abbas, who counselled the complainant that needful would be done, deceased be buried first without any further delay, but when the local police, who were acting in collusion with the Pradhan, belonging to the faction of the applicants, did not register any F.I.R, she submitted an application to the S.H.O, concerned on 7.7.2004, followed by a complaint dated 10.7.2004 to the S.P, concerned and superior police officers/ administrative officers of the district, but still when no action was taken she again submitted an application before the S.P, concerned, the D.G.P, the Chief Minister, the Member of Parliament and other officers. Pursuant to the report of the C.O, the body was exhumed on 27.7.2004, autopsy carried out, but despite the statement of the complainant and other witnesses, no action was taken.;