- (1.) AMAR Saran, J. Heard learned Counsel for the applicant and the learned A. G. A.
(2.) THIS application has been filed with a prayer that the order dated 11. 10. 2007 passed by the Additional Sessions Judge-I, District Etawah in Special Case No. 54/03 (State v. Jai Prakash Dubey and others) refusing to discharge the applicant may be quashed. The background of this case was that on 26. 3. 2003 when the complainant Mahesh Kumar was returning from the Court he was proceeding to District Hospital, Etawah to get some medicines for his sister-in-law Ram Sakhi. When he reached the lane of the hospital, the four accused, who were police officials, caught hold of him and put him forcibly in a jeep. On the opposition of Ram Sakhi, they abused her. They brought him near Vikash Bhawan, where they told him it was Captan Sahib's order to falsely implicate him in a case under the N. D. P. S. Act. Constable Dubey demanded Rs. 10,000/- and made the applicant telephone his brother-in-law (behnoi) at the applicant's phone number. The applicant's behnoi brought Rs. 8,000/- which was given to Constable Dubey and he was told to bring Rs. 2000/- more. Mahesh Kumar complained about this incident to the Human Rights Court at Etawah. The Presiding Officer of the Court passed an order on 31. 3. 2003 that for a broad day light loot and extortion incident by the police personnel a case under sections 388, 352 IPC be registered against them, which was to be investigated by a police officer of the rank of an Additional Superintendent of Police. A case at Crime No. 5 of 2003 was thereafter registered at Police Station Civil Lines. After investigation, the name of the accused was disclosed. Sanction of the applicant and others for their prosecution under sections 7/13 of the Prevention of Corruption Act, 1988 was given by the appointing authority, the S. S. P. Etawah, on 23. 8. 2003 under section 468 (1) and (4) of the U. P. Police Regulations, 1988.
(3.) AFTER completion of investigation, the charge-sheet No. 185 of 2003 was submitted. The same was sent by the Sessions Court after taking cognizance on 2. 9. 2003 to the Additional Sessions Judge, Court No. 1, Etawah. An application (Ext. Kha-32) was moved before the aforesaid Court claiming discharge under section 227 Cr. P. C which was rejected by an order dated 11. 10. 2007. Inter alia the aforesaid order is under challenge by means of this application.;