R.N.Misra, J. - (1.) THESE three writ petitions filed for quashing of an FIR dated 24.12.2008 in case crime No. 299 of 2008, under sections 323/342/457/364/302/201/120-B IPC and 7 of UP Criminal Law (Amendment) Act, police station Divyapur, district Auraiya, are being heard and disposed of together by this common judgement.
(2.) WE have heard Shri G.S. Chaturvedi, learned Senior Counsel in Writ Petition No. 428 of 2009 preferred by Hoshiyar Singh, Shri V.P. Srivastava, learned Senior Counsel in Writ Petition No. 370 of 2009 preferred by Smt. Vibha Tiwari and Shri S.K. Tyagi, learned counsel in Writ Petition No. 903 preferred by Manjul Pandey. We have also heard Shri A.N. Singh, who appeared for the complainant in the writ petitions preferred by Hoshiyar Singh and Smt. Vibha Tiwari and Shri Vikas Sahai learned Additional Government Advocate and have perused the writ petitions and the case diary, which has been produced by the learned Additional Government Advocate on our direction. In a short compass the facts of the case are that an FIR was lodged by Smt. Shashi Gupta at 6.20 AM on 24.12.2008 at police station Divyapur, district Auraiya alleging that earlier in the night at about 1.30 or 2.00 AM there was a knocking at the door of their house. When her husband, Manoj Kumar Gupta, who was an Engineer enquired as to who was knocking, they replied that they were CID persons from Delhi. Thereupon they broke open the door, whilst Smt. Shashi Gupta hid by locking herself in the bathroom from where she overheard the names of two assailants, Tyagi and Bhatia and her husband crying for mercy. They were saying that first the Executive Engineer would easily pass their bills, but now because of Manoj Gupta's interference they were not being passed. The assailants were assaulting her husband with lathis and whip. They were also repeatedly talking on a mobile phone. They then took away her husband on a vehicle after putting a latch on the door from the outside.
(3.) THE injured was brought dead to CHC Auraiya at 5.10 a.m. on 24.12.08 by the petitioner Hoshiyar Singh, S.O., P.S. Dibiyapur. He was described as an unknown person. The post mortem report on the body of the deceased Manoj Kumar Gupta on 24.12.08 at 6.30 p.m. showed the presence of 23 injuries which included contusions, multiple abraded contusions, lacerated wounds, and electrocution marks on different parts of the body of the deceased. There were a large number of the injuries on the head region.;