B.K. Roy and P.K. Jain, JJ. - (1.) In terms of our earlier order dated 24.11.97, we proceed to dispose of this writ petition itself on merits. The prayer of the petitioner Balram Misra who claims himself to be the then Sub-Inspector of Police Out-post Bahrana under police Station Kydganj, is to quash the First Information Report giving rise to registration of Crime Case No. 492 of 1997 under Section 302 I.P.C. read with Section 3 (2) (5) of S.C.S.T. Act, Police Station Kydganj, District Allahabad.
(2.) A perusal of the impugned First Information Report shows, inter alia, following facts:-
(3.) It was registered at 1.30 P.M. of 4.7.97 on the basis of written information on behalf of Samai Sonkar, 99 Sewashram Tularam Bagh, Allahabad scribed by one Lal Babu Sahu, 292 Krishna Nagar to the Senior Superintendent of Police, Allahabad that his son Umesh Kumar Sonkar has been lifted away from his house by Bairam Misra, Chauki Incharge Bahrana, alongwith two Constables and killed in the Police Station by severely beating him for which this first information report is being sent, and accordingly a case of murder be registered against them and they be arrested.;