OM PRAKASH Vs. STATE OF JHARKHAND
LAWS(SC)-2012-9-55
SUPREME COURT OF INDIA (FROM: JHARKHAND)
Decided on
September 26,2012
OM PRAKASH
Appellant
VERSUS
STATE OF JHARKHAND
Respondents
Referred Judgements :-
PUKHRAJ V. STATE OF RAJASTHAN AND ANR. [REFERRED TO]DR. HORI RAM SINGH V. EMPOWER [REFERRED TO]
MATAJOG DOBEY NAND RAM AGARWALA VS. H C BHARI:H C BHARI [REFERRED TO]
K SATWANT SINGH K SATWANT SINGH VS. STATE OF PUNJAB [REFERRED TO]
NAGRAJ VS. STATE OF MYSORE [REFERRED TO]
ABDUL WAHAB ANSARI VS. STATE OF BIHAR [REFERRED TO]
RAJ KISHOR ROY VS. KAMLESHWAR PANDEY [REFERRED TO]
STATE OF ORISSA VS. GANESH CHADRA [REFERRED TO]
ZANDU PHARMACEUTICAL WORKS LTD VS. SHARAFUL HAQUE [REFERRED TO]
SANKARAN MOITRA VS. SADHNA DAS [REFERRED TO]
Cited Judgements :-
K. RATNA PRABHA VS. STATE OF TELANGANA [LAWS(APH)-2017-6-42] [REFERRED TO]JAI GOPAL SONI VS. SHIVRAJ SINGH [LAWS(CHH)-2017-5-51] [REFERRED TO]
KISHORESINH MOTISINH VAGHELA VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(GJH)-2023-2-2070] [REFERRED TO]
PRIYA RANJAN SATPATHY & ANOTHER VS. SURENDRANATH MISHRA [LAWS(ORI)-2018-3-63] [REFERRED TO]
ASHOKBHAI SHIVKUMAR PANDYA VS. STATE OF GUJARAT [LAWS(GJH)-2017-12-312] [REFERRED TO]
TUKARAM BABULAL NINAVE VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2016-6-20] [REFERRED TO]
SURESH DAHIYA VS. STATE OF M.P. [LAWS(MPH)-2019-10-30] [REFERRED TO]
JITENDRA KUMAR @ JITENDRA SINGH VS. STATE OF BIHAR [LAWS(PAT)-2019-3-164] [REFERRED TO]
VISHAL GOYAL S/O PUSHARAM GOYAL VS. STATE OF RAJASTHAN [LAWS(RAJ)-2018-10-65] [REFERRED TO]
MOHAN LAL LATHAR AND ORS. VS. THE STATE OF RAJASTHAN AND ORS. [LAWS(RAJ)-2016-4-20] [REFERRED TO]
Y.C. NARAYANA GOWDA AND ORS. VS. STATE OF KARNATAKA [LAWS(KAR)-2015-6-194] [REFERRED TO]
D. DEVARAJA VS. OWAIS SABEER HUSSAIN [LAWS(SC)-2020-6-22] [REFERRED TO]
HIMACHAL PRADESH CRICKET ASSOCIATION AND ORS. VS. STATE OF H.P. [LAWS(HPH)-2016-8-1] [REFERRED TO]
KARUNA KANTA PATGIRI VS. CHITRA RANI DEKA [LAWS(GAU)-2018-11-69] [REFERRED TO]
UMESH GOPICHAND GOEL VS. STATE OF GUJARAT [LAWS(GJH)-2023-5-14] [REFERRED TO]
BRAJENDRA KUMAR GUPTA VS. STATE OF U.P. [LAWS(ALL)-2016-2-238] [REFERRED TO]
NEBBU LAL, SON OF SRI SAMODHI DEPUTY DIRECTOR OF CONSOLIDATION, DISTRICT BALLIA & ORS. VS. STATE OF U.P. & ANR. [LAWS(ALL)-2017-8-351] [REFERRED TO]
PIYEJA MOHANBHAI MAGANBHAI AND OTHERS VS. STATE OF GUJARAT AND ANOTHER [LAWS(GJH)-2017-5-165] [REFERRED TO]
CHAINA RAM VS. STATE OF RAJASTHAN [LAWS(RAJ)-2017-7-49] [REFERRED TO]
ARVIND VS. STATE OF HARYANA AND ORS. [LAWS(P&H)-2014-9-130] [REFERRED TO]
ASHOK KUMAR VS. STATE OF HARYANA [LAWS(P&H)-2019-11-102] [REFERRED TO]
RATIRAM AHIRWAR VS. STATE OF M.P. [LAWS(MPH)-2020-1-186] [REFERRED TO]
B.J.SALUKE VS. THE STATE OF MADHYA PRADESH [LAWS(MPH)-2018-2-109] [REFERRED TO]
VIPUL AGARWAL VS. CENTRAL BUREAU OF INVESTIGATION, SCB, MUMBAI AND ANOTHER [LAWS(BOM)-2016-7-208] [REFERRED]
ABAL M. SANGMA VS. STATE OF MEGHALAYA [LAWS(MEGH)-2023-5-29] [REFERRED TO]
RAM SHANKAR SINGH VS. STATE OF BIHAR [LAWS(PAT)-2023-12-36] [REFERRED TO]
SANJAY KUMAR THAKUR VS. THE STATE OF BIHAR AND ORS. [LAWS(PAT)-2015-7-110] [REFERRED TO]
RUBABUDDIN SHAIKH VS. DAHYAJI GOBARJI VANZARA & OTHERS [LAWS(BOM)-2018-9-146] [REFERRED TO]
MOHAMMED YUSUF VS. R. THIRUNAVUKKARASU [LAWS(MAD)-2014-12-171] [REFERRED TO]
SUNIL KUMAR AND ORS. VS. CENTRAL BUREAU OF INVESTIGATION AND ORS. [LAWS(P&H)-2016-2-40] [REFERRED TO]
BALDEV GORA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2017-9-134] [REFERRED TO]
BHAWAN SINGH GARBYAL VS. STATE OF U.P. [LAWS(ALL)-2020-6-174] [REFERRED TO]
KAUSHLESH KUMAR SINHA VS. CBI [LAWS(ALL)-2018-10-140] [REFERRED TO]
ROHIT SAWA VS. THE STATE OF JHARKHAND AND ORS. [LAWS(JHAR)-2015-2-172] [REFERRED TO]
YOGENDRA SHARMA, SON OF LATE INDRADEO TIWARY, R/O M.B., 14 NEW M TYPE, P.S. ADITYAPUR, TOWN JAMSHEDPUR, DISTRICT SINGHBHUM (EAST) VS. THE STATE OF JHARKHAND [LAWS(JHAR)-2016-4-208] [REFERRED TO]
SRI AMIYA GHOSH VS. THE UNION OF INDIA & ORS. [LAWS(CAL)-2016-10-36] [REFERRED TO]
KATTISETTI KALYANA CHAKRAVARTHY VS. STATE OF A P [LAWS(APH)-2015-3-8] [REFERRED TO]
AMITAVA SINHA VS. THE STATE OF ASSAM AND ORS. [LAWS(GAU)-2015-6-3] [REFERRED TO]
IDEYA VENDAN R AND ORS VS. ADDITIONAL CHIEF SECRETARY AND ORS [LAWS(KAR)-2013-9-562] [REFERRED]
SURINDERJIT SINGH MAND & ANR. VS. STATE OF PUNJAB & ANR. [LAWS(SC)-2016-7-9] [REFERRED TO]
EXTRA JUDICIAL EXECUTION VICTIM FAMILIES ASSOCIATION (EEVFAM) & ANR. VS. UNION OF INDIA & ANR. [LAWS(SC)-2016-7-26] [REFERRED TO]
RAJAGOPAL VS. AYYAPPAN [LAWS(KER)-2021-6-61] [REFERRED TO]
N CHALAPATHI S/O M NARAYANAPPA VS. STATE OF KARNATAKA P S I BALLARI POLICE STATION REPRESENTED BY S P P , HIGH COURT OF KARNATAKA [LAWS(KAR)-2018-6-58] [REFERRED TO]
AMAR SINGH VS. SATYA PRAKASH & ANR [LAWS(RAJ)-2015-10-170] [REFERRED]
MANINDER SINGH VS. STATE OF HARYANA [LAWS(P&H)-2021-4-92] [REFERRED TO]
VIVEK SAHNI AND ANR. VS. STATE OF PUNJAB AND ANR. [LAWS(P&H)-2014-9-228] [REFERRED TO]
ANITA KUMARI, WIFE OF SRI GAUTAM KAPOOR VS. THE STATE OF BIHAR AND OTHERS [LAWS(PAT)-2017-3-185] [REFERRED TO]
CHANDESHWARI PRASAD YADAV VS. THE STATE OF BIHAR [LAWS(PAT)-2018-7-307] [REFERRED TO]
EKUD DUNGDUNG VS. THE STATE OF JHARKHAND AND ORS. [LAWS(JHAR)-2015-2-176] [REFERRED TO]
JAGDISH CHAND VS. STATE OF HIMACHAL PRADESH AND OTHERS [LAWS(HPH)-2016-5-199] [REFERRED TO]
MAHENDER VS. STATE [LAWS(DLH)-2013-11-16] [REFERRED TO]
RAJENDRA GIRI AND ORS. VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(ALL)-2020-10-99] [REFERRED TO]
ANITA KUMARI, WIFE OF GAUTAM KAPOOR VS. STATE OF BIHAR [LAWS(PAT)-2017-3-102] [REFERRED TO]
RAJKUMAR GUPTA VS. STATE OF MADHYA PRADESH AND ANOTHER [LAWS(MPH)-2018-3-412] [REFERRED TO]
PRAMOD AHIRWAR VS. STATE OF MP [LAWS(MPH)-2019-3-150] [REFERRED TO]
AKHILESHWAR KUMAR PATHAK VS. THE STATE OF BIHAR [LAWS(PAT)-2015-8-134] [REFERRED]
MALAY SHRIVASTAVA & ORS VS. SHANKAR PRATAP SINGH BUNDELA & ANR [LAWS(MPH)-2016-9-114] [REFERRED]
RAKESH KUMAR JOSHI VS. MANOHAR JETHANI [LAWS(CHH)-2021-7-71] [REFERRED TO]
RAM CHANDRA SAXENA VS. STATE OF U P & ANR [LAWS(ALL)-2018-2-129] [REFERRED TO]
AWDHESH SHARMA VS. STATE OF U P [LAWS(ALL)-2015-5-157] [REFERRED TO]
MAHAVIR SINGH VS. STATE & ORS [LAWS(DLH)-2018-12-236] [REFERRED TO]
ATUL CHATTOPADHAYA VS. STATE OF JHARKHAND [LAWS(JHAR)-2016-4-254] [REFERRED TO]
D T VIRUPAKSHAPPA VS. C SUBASH [LAWS(SC)-2015-4-72] [REFERRED TO]
AMANDEEP SINGH AND ANOTHER VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2015-9-862] [REFERRED]
SURENDRA JAGANNATH SHIRSATH VS. STATE OF MAHARASHTRA [LAWS(BOM)-2019-3-221] [REFERRED TO]
AJAYNATH VS. N.SHAJITHA BEEVI [LAWS(KER)-2025-3-7] [REFERRED TO]
RAJESH PRASAD PANDEY VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2020-1-178] [REFERRED TO]
ASHISH KUMAR GUPTA VS. STATE OF M P [LAWS(MPH)-2016-8-221] [REFERRED]
TRIDEV JAN KALYAN SAMITI VS. U K SUBUDDHI [LAWS(MPH)-2015-8-154] [REFERRED TO]
RAJESH KUMAR JAISWAL SON OF JAI NARAIN JAISWAL VS. STATE OF BIHAR [LAWS(PAT)-2021-3-13] [REFERRED TO]
ASIF YUSUF PATEL VS. STATE OF MAHARASHTRA [LAWS(BOM)-2016-10-128] [REFERRED TO]
MANOJ PRABHAKAR LOHAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2016-11-122] [REFERRED TO]
E.RAJESHWARI VS. T.VASANTHAKUMAR [LAWS(MAD)-2022-11-124] [REFERRED TO]
DEVENDRA PANDEY VS. STATE OF U. P. [LAWS(ALL)-2022-12-55] [REFERRED TO]
AJAI KUMAR VS. STATE OF U.P. [LAWS(ALL)-2020-6-173] [REFERRED TO]
SHYAM BABU VS. STATE OF U.P. [LAWS(ALL)-2019-8-286] [REFERRED TO]
JASPAL SINGH GOSAIN VS. CBI [LAWS(DLH)-2018-2-205] [REFERRED TO]
RAJ KUMAR SHARMA VS. STATE OF HARYANA [LAWS(P&H)-2020-5-49] [REFERRED TO]
JITENDRA KUMAR VS. THE STATE OF BIHAR [LAWS(PAT)-2019-10-107] [REFERRED TO]
SRI RAM REKHA PANDEY, S/O SRI SUKHDEO PANDEY, RESIDENT OF VILLAGE VS. THE STATE OF BIHAR [LAWS(PAT)-2016-6-131] [REFERRED TO]
NAWALESH PATHAK S/O LATE MR. RAMESH PATHAK VS. THE STATE OF BIHAR [LAWS(PAT)-2017-1-3] [REFERRED TO]
PRAKASH AGRAWAL VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2020-6-996] [REFERRED TO]
IRSHADALI ANWARALI SAIYED VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(GJH)-2023-7-1253] [REFERRED TO]
BHABESH CHANDRA BISWAS VS. STATE OF ASSAM [LAWS(GAU)-2020-6-88] [REFERRED TO]
SURINDER KAUR AND ORS. VS. STATE OF PUNJAB AND ORS. [LAWS(P&H)-2015-12-80] [REFERRED TO]
SARABJIT RAI VS. STATE OF PUNJAB [LAWS(P&H)-2015-2-506] [REFERRED TO]
LT. COL. RAN VIJAY SINGH AND ANOTHER VS. STATE OF HIMACHAL PRADESH AND OTHERS [LAWS(HPH)-2018-7-61] [REFERRED TO]
SHAIK AMEENA REHAMANI VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2023-5-66] [REFERRED TO]
RAM RAJ RAM VS. STATE OF JHARKHAND [LAWS(JHAR)-2015-2-91] [REFERRED TO]
P P MARANDI VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2015-3-74] [REFERRED TO]
ARVIND KUMAR PATHAK VS. STATE OF U P AND ANOTHER [LAWS(ALL)-2016-5-322] [REFERRED]
PANDHARINATH NARAYAN PATIL VS. STATE OF MAHARASHTRA [LAWS(BOM)-2015-3-183] [REFERRED TO]
M S FANEESHA VS. STATE OF KARNATAKA [LAWS(KAR)-2023-3-653] [REFERRED TO]
B.A.PADMANAYAN S/O. B.ASHWATHNARAYAN SHETTY VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(KAR)-2022-8-17] [REFERRED TO]
BYPU SUBBARAO, S/O.DHARMARAJU VS. DASARI SUDHAKAR BABU @ SUDHAKAR [LAWS(APH)-2017-1-11] [REFERRED TO]
PREM CHANDRA SHARMA VS. STATE OF U P [LAWS(ALL)-2014-4-388] [REFERRED TO]
DHARAMVEER SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2024-5-2] [REFERRED TO]
PRIYA VS. THE STATE OF KERALA [LAWS(KER)-2015-6-132] [REFERRED TO]
BABURAM VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2021-3-96] [REFERRED TO]
DHRUV SINGH VS. SHYAMLAL [LAWS(MPH)-2017-11-136] [REFERRED TO]
KINGSUK BISWAS VS. STATE OF WEST BENGAL [LAWS(CAL)-2022-9-28] [REFERRED TO]
DEVINDER SINGH & ORS. VS. STATE OF PUNJAB THROUGH CBI [LAWS(SC)-2016-4-30] [REFERRED TO]
PEOPLES UNION FOR CIVIL LIBERTIES VS. STATE OF MAHARASHTRA [LAWS(SC)-2014-9-87] [REFERRED TO]
JUDGEMENT
-
(1.)Leave granted.
(2.)In both these appeals, by special leave, judgment and order dated 1/5/2006 delivered by the Jharkhand High Court in Criminal Misc. Petition No.822 of 2005 and Criminal Misc. Petition No.640 of 2005 filed under Section 482 of the Criminal Procedure Code (for short, "the Code") is challenged. Criminal Misc. Petition No.640 of 2005 was filed by Shri Rajiv Ranjan Singh, Deputy Superintendent of Police, (Dy.S.P.) Headquarter(II), Jamshedpur. Criminal Misc. Petition No.822 of 2005 was filed by the police personnel posted at Jamshedpur in different capacities. In the petitions, before the High Court, the prayer was for quashing the criminal proceedings in Complaint Case No.731 of 2004 and order dated 14/06/2005, passed thereon by the Judicial Magistrate First Class, Jamshedpur, taking cognizance of the offences alleged in the complaint.
(3.)Brief facts of the case need to be stated:
Appellant Kailashpati Singh is the complainant. On 23/7/2004, he filed a complaint in the Court of C.J.M, Jamshedpur being Complaint Case No.731 of 2004 against (1) Rajiv Ranjan Singh, Dy.S.P.-II, (2) Pradeep Kumar, S.I., (3) Omprakash, S.I., (4) Shyam Bihari Singh, constable and (5) Bharat Shukla, constable. In the complaint, the complainant alleged that his son Amit Pratap Singh @ Munna Singh (for convenience, "deceased Munna Singh") was killed in a fake encounter by the accused named in the complaint including three others on 1/7/2004 at about 10.30 p.m. at Domohani, Sonari, Jamshedpur. According to the complainant, he received telephonic message on 2/7/2004 from one Sanjay Kumar of Jamshedpur that his son was killed in an encounter. This news was also published in the local newspapers of Jamshedpur. As per the newspaper report, along with the deceased, three others viz. Rajib Dubey, Babloo Prasad and Rambo were also killed. According to the complainant, he rushed to Jamshedpur with his eldest son Krishna Singh and contacted the Jamshedpur Police Authorities for the purpose of receiving the dead body of his son for cremation. However, the police refused to handover the dead body. Therefore, the complainant's eldest son Krishna Singh reported the matter to the Deputy Commissioner, East Singhbhum, Jamshedpur. However, the police did not hand over the dead body of the deceased in spite of repeated requests made to the proper authorities. It is the complainant's case that he later on came to know that the police had obtained signature of one Sanjay Kumar under coercion on a challan, showing that the dead body was received by him.
Instead of handing over the dead body to Sanjay Kumar, according to the complainant, it was cremated at Parvati Ghat, Adityapur. The complainant and members of his family were kept in dark. This was done to destroy the evidence and manufacture the story of police encounter. It is the case of the complainant that deceased Munna Singh was not involved in any criminal activities. He used to provide his jeep to people on rent at Jamshedpur and other places and earn his livelihood. According to the complainant, deceased Munna Singh was falsely involved in Sonari P.S. Case No.15 of 1994 dated 6/3/1994 under Section 392 of the Indian Penal Code (for short, "the IPC"). As a matter of fact, on that day, he was only 9 years old. The complainant stated that the postmortem report shows that three bullets were found in the chest of deceased Munna Singh indicating that he was killed by the police by firing from close range. The complainant took exception to the fact that the autopsy was not video-graphed. The complainant also contended that the accused committed the offence not in discharge of their official duties, therefore, no sanction was required to prosecute them under Section 197 of the Code. According to the complainant, the accused have thus committed offence under Sections 120-B, 203 and 302 read with Section 34 of the IPC.
(2.)In both these appeals, by special leave, judgment and order dated 1/5/2006 delivered by the Jharkhand High Court in Criminal Misc. Petition No.822 of 2005 and Criminal Misc. Petition No.640 of 2005 filed under Section 482 of the Criminal Procedure Code (for short, "the Code") is challenged. Criminal Misc. Petition No.640 of 2005 was filed by Shri Rajiv Ranjan Singh, Deputy Superintendent of Police, (Dy.S.P.) Headquarter(II), Jamshedpur. Criminal Misc. Petition No.822 of 2005 was filed by the police personnel posted at Jamshedpur in different capacities. In the petitions, before the High Court, the prayer was for quashing the criminal proceedings in Complaint Case No.731 of 2004 and order dated 14/06/2005, passed thereon by the Judicial Magistrate First Class, Jamshedpur, taking cognizance of the offences alleged in the complaint.
(3.)Brief facts of the case need to be stated:
Appellant Kailashpati Singh is the complainant. On 23/7/2004, he filed a complaint in the Court of C.J.M, Jamshedpur being Complaint Case No.731 of 2004 against (1) Rajiv Ranjan Singh, Dy.S.P.-II, (2) Pradeep Kumar, S.I., (3) Omprakash, S.I., (4) Shyam Bihari Singh, constable and (5) Bharat Shukla, constable. In the complaint, the complainant alleged that his son Amit Pratap Singh @ Munna Singh (for convenience, "deceased Munna Singh") was killed in a fake encounter by the accused named in the complaint including three others on 1/7/2004 at about 10.30 p.m. at Domohani, Sonari, Jamshedpur. According to the complainant, he received telephonic message on 2/7/2004 from one Sanjay Kumar of Jamshedpur that his son was killed in an encounter. This news was also published in the local newspapers of Jamshedpur. As per the newspaper report, along with the deceased, three others viz. Rajib Dubey, Babloo Prasad and Rambo were also killed. According to the complainant, he rushed to Jamshedpur with his eldest son Krishna Singh and contacted the Jamshedpur Police Authorities for the purpose of receiving the dead body of his son for cremation. However, the police refused to handover the dead body. Therefore, the complainant's eldest son Krishna Singh reported the matter to the Deputy Commissioner, East Singhbhum, Jamshedpur. However, the police did not hand over the dead body of the deceased in spite of repeated requests made to the proper authorities. It is the complainant's case that he later on came to know that the police had obtained signature of one Sanjay Kumar under coercion on a challan, showing that the dead body was received by him.
Instead of handing over the dead body to Sanjay Kumar, according to the complainant, it was cremated at Parvati Ghat, Adityapur. The complainant and members of his family were kept in dark. This was done to destroy the evidence and manufacture the story of police encounter. It is the case of the complainant that deceased Munna Singh was not involved in any criminal activities. He used to provide his jeep to people on rent at Jamshedpur and other places and earn his livelihood. According to the complainant, deceased Munna Singh was falsely involved in Sonari P.S. Case No.15 of 1994 dated 6/3/1994 under Section 392 of the Indian Penal Code (for short, "the IPC"). As a matter of fact, on that day, he was only 9 years old. The complainant stated that the postmortem report shows that three bullets were found in the chest of deceased Munna Singh indicating that he was killed by the police by firing from close range. The complainant took exception to the fact that the autopsy was not video-graphed. The complainant also contended that the accused committed the offence not in discharge of their official duties, therefore, no sanction was required to prosecute them under Section 197 of the Code. According to the complainant, the accused have thus committed offence under Sections 120-B, 203 and 302 read with Section 34 of the IPC.
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