- (1.) HEARD Shri R. K. Ojha assisted by Shri Arun Kumar Tiwari for the petitioner. Learned Standing Counsel appears for the State respondents.
(2.) THE pleadings have been exchanged. With the consent of parties, the writ petition was finally heard. Brief facts giving rise to this writ petition are, that the petitioner was ap pointed as Naib Tehsildar in the year 1994 and was posted in district Mainpuri in the year 1999. He was incharge Tehsildar from 20. 2. 2000 to 21. 8. 2000. A trap was laid by the vigilance team on a complaint to apprehend Dr. Bal Mukund Prabhakar, a Radiologist posted in District Hospital, Mainpuri. It was alleged in the complaint that Dr. Prabhaker was demanding bribe for preparing a false radio logical report. The Sub Divisional Magistrate, on. the authorisation and orders given by the District Magistrate, Mainpuri dated 29. 10. 1999, led the trap party alongwith Shri Amit Mishra, Circle Officer (Police); Shri Raghuraj Singh, and Shri Ranveer Singh, Ahalmad, Faujdari Collectorate Mainpuri. The first information report lodged by Shri Hari Pratap Shahi, Sub Divi sional Magistrate, Mainpuri stated that the trap party reached the hospital and stopped near the window of the chamber of Dr. Prabhakar, The complainant went to the doctor and demanded the report on which the doctor asked him whether he had brought the money. The complainant gave six notes of Rs 500/- each to the doctor. As soon as the doctor started preparing the report, the trap party entered in the chamber of Dr. Prabhakar. It is alleged that he tried to swallow the notes, on which the trap party brought him to emergency room to take out the notes from his mouth. Dr. Prabhakar complained of difficulty in breathing, on which he was administered oxygen. At about 2. 48 p. m. Dr. Prabhakar died in the emergency. The dead body could be removed after the resistance of the employees of the hospital subsided.
(3.) ON the same day a FIR was lodged as Case Crime No. 1040-A of 2000 as a sequel to the FIR registered as Case Crime No. 1040 of 2000 lodged by Shri Prem Chandra Nigam against Shri Rajveer Singh Malik; Shri Amit Mishra, Circle Officer (City) and Shri Hari Pratap Shahi, Sub Divisional Magistrate (Sadar) re porting to the police, that Dr. PN. Prabhakar, senior radiologist was beaten up and was killed by strangulation with common intention committing crime under Sections 147, 302, IPC and Section 3 (2)15 SC/st Act. The complaint sent to the Chief Minister, U. P. through the Chief Medical Superintendent, District Hospital, Mainpuri enclosed with the report to the police disclosed that when Dr. Bal Mukund Prabhakar, senior radiologist was sitting in his duty room in district hospital Mainpuri, Shri Amit Mishra, Circle Officer (City); Shri Hari Pratap Shahi, Sub Divisional Magistrate and five constables brought a patient and demanded that he should be immediately examined by x-ray. When the doctor asked them to come on the next day, Shri Rajveer Singh Malik and the Circle Officer started beating Dr. Prabhakar. They subjected him to a severe beating and strangulation on which Dr. Prabhakar died. The State Government did not permit Shri Hari Pratap Shabi, Sub Divi sional Magistrate, to be prosecuted. However, permission was given to prosecute the Circle Officer and the petitioner Shri Ram Shanker Verma, Naib Tehsildar, present at the time'of the incident.;