Commitment for trial or Confinement by Person having Authority who knows that he is acting Contrary to Law - Section 220

Any famous judgment w.r.t. Section 220:

Avinash Mishra vs State Of U.P. et al. on 20 February 2020: This present application has been filed to quash the order dated 26.4.2006 gone Special Chief Judicial Magistrate (CBI) Ghaziabad

As per F.I.R., the prosecution version is that on 26.2.1994, at about 10:15 pm, informant- Krishnapal Singh was getting to Shastri Nagar on a scooter and when he reached near supply depot at about 10:30 pm where existed a speed breaker he trapped his scooter then all of a sudden two men stopped him showing a country-made pistol and snatched away his scooter and ran towards Commissioner Chauraha, right then police of P.S. Lal Kurti reached there and his informant told them that two miscreants had fled from the place after snatching his scooter which resulted in a vigorous chase to the miscreants. The license number of the informant was DL3SC0326. He had to borrow the said scooter from one of his friends who he recognized the miscreants. The case crime no. 64 of 1994, under Section 392 was registered against two unknown persons.

The case crime no. 82 of 1994, under section 307, 412 IPC being crime no. 83 of 1994, under Sections 25 Arms Act was registered on 26.2.1994 against two unknown at P.S. Medical College on a report of applicant and investigation was haunted by Ramker Singh, Inspector Civil Lines, Meerut. Further, it's an available investigation that Sri Prabhat Kumar Sharma, Additional City Magistrate conducted Panchayatnama on 26/27.2.1994 of the deceased as an unidentified person of 25 years aged and articles recovered from him were also noted, which are detailed within the said investigation report. Further as stated in the investigation the unidentified deceased i.e. Gopal Maheshwari had experienced three injuries caused by police bullets. Dr. Vinod Kumar Gupta, Reserve Duty medic, Medical College, Meerut conducted a post-mortem report of the deceased as an unidentified man and recorded his explanation for death to be shock and hemorrhage thanks to injuries sustained and also recovered three bullets from the body of the deceased and thereafter the body of the deceased was cremated as unidentified/unclaimed. The accused Om Pal Singh mentioned the fact of the case crime no. 82 of 1994, under section 307, 412 IPC being crime no. 83 of 1994, under Sections 25 Arms Act was registered on 26.2.1994 against two unknown 1994, under Sections 25 Arms Act was registered on 26.2.1994 against two unknown at P.S. Medical College on a written report of applicant and investigation was taken up by Ramker Singh, Inspector Civil Lines, Meerut. Further, it has been observed in the investigation that Sri Prabhat Kumar Sharma, Additional City Magistrate conducted Panchayatnama on 26/27.2.1994 of the deceased as an unidentified person of 25 years of age, and articles recovered from him were also noted, which are detailed in the said investigation report. Further, it has come in an investigation that the unidentified deceased (Gopal Maheshwari) had received three injuries caused by bullets. Dr. Vinod Kumar Gupta, Reserve Duty Medical Officer, Medical College, Meerut conducted a post-mortem report of the deceased as an unidentified man and recorded his cause of death to be shock and hemorrhage due to injuries sustained and also recovered three bullets from the body of the deceased and thereafter the body of the deceased was cremated as unidentified/unclaimed. The accused Om Pal Singh mentioned the fact of the encounter in G.D. No. 4, dated 27.2.1994 at P.S. Lal Kurti and accused Shyam Lal Kashyap recorded the said fact in G.D. of P.S. Nauchandi at serial no. 36 of 27.2.1994. The accused applicant sealed 12 empties fired by the accused persons and prepared its recovery memo dated 26.2.1994. Subsequently, a looted scooter was received back by the accused Krishnapal Singh, who identified the dead miscreant as the same person on the spot, who was one of the two scooter snatchers. Subsequently, the investigation of crime no. 82 and 83/1994, under Section 307/412 and 25-A Arms Act were taken by Sri Raghunath Shukla, Inspector, C.B.C.I.D. Meerut, under the order of the Government of U.P. and he submitted the final report no. 47, dated 21.12.1995, in the court of ACJM-VI, Meerut recommending closure of both the said crime numbers and got registered a case under Section 302, 342, 346, 347, 364, 216, 217, 182, 201, 323, 193, 197, 198, 203, 211 and 120B IPC against the accused applicant and others for killing the deceased Gopal Maheshwari in a fake encounter at P.S., Medical College. 

With a view to proving the false presence of the deceased within District Meerut, accused Pratap Singh got registered crime no. 49 of 1994, under section 504, 506 IPC, P.S. Bhasuna, District Meerut on 25.2.1994 against deceased Gopal Maheshwari and his brother in pursuance to well-planned conspiracy. Furthermore, accused persons managed the surrender application in the name of Gopal Maheshwari in the court of ACJM-4, Meerut on 25.2.1994 in some cases falsely. It was also a motivated attempt to prove the physical presence of deceased Gopal Maheshwari in Meerut on 25.2.1994. During the investigation by C.B.I., the theory of police encounter was found to be absolutely false and concocted by the accused persons and so was the case of surrender application under Section 504 and 506 IPC as mentioned above. The investigation also discloses that on 25.2.1994, Vishnu Kumar sent a telegram to the Hon'ble Chief Justice of India, New Delhi mentioning that Suresh Chandra and Gopal Maheshwari (deceased) had been brought to Meerut, at about 4:00 am on 25.2.1994 from Kasganj for killing them in a fake encounter. Another telegram was also sent to S.S.P., Meerut by Rakesh on 25.2.1994 to the effect that Meerut Police had brought Gopal Maheshwari from Kashganj for the fake encounter. Further investigation revealed that Gopal Maheshwari (deceased) was known from before to the accused-applicant and other co-accused, who got his body cremated as unidentified with an ulterior motive. Further, there was found no speed breaker on Mall Road on 26.2.1994. 

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Further, it has come in the investigation that accompanying other policemen were not associated with the accused persons at the time of encounter and that the accused-applicant, co-accused Sanjay Sirohi, Mahesh Singh, and Chandra Pal Singh kidnapped the deceased Gopal Maheshwari from Kasganj on 25.2.1994, hence they committed offence under Section 364 IPC and thereafter accused-applicant, Sanjay Sirohi, Mahesh Singh, Chandra Pal Sing, Om Pal Singh, Shyam Lal Kashyap committed his murder on 26.2.1994 and caused the disappearance of evidence and fabricated a false police encounter case in conspiracy with co-accused Krishnapal Singh and thus they committed offence under Section 120-B IPC read with Section 302, 201, 220 IPC and substantive offences thereof. Accused- Pratap Singh lodged false crime no. 49 of 1994, under Section 504 and 506 IPC at P.S. Bahsuma, Meerut on 24.2.1994 against deceased Gopal Maheshwari and his brother, whereas the deceased was in illegal custody of the aforesaid accused and thus he has committed an offence under Section 201 IPC. Further, it is mentioned in the charge sheet that the Government of U.P. was requested on 5.4.2019 for according sanction for prosecution against aforesaid accused persons but the same was still awaited. The officers of the C.B.I. of the level of D.S.P., S.P., and D.I.G. pursued matters at various levels including Chief Secretary and many reminders were also issued to the Government and ultimately the court was pleased to issue direction to the State Government on 12.7.2001 through Chief Secretary to expedite taking the decision to accord sanction for prosecution within 60 days. The government did not respond and then the court issued a reminder on 8.11.2001 to the Chief Secretary of U.P. for compliance with the order dated 12.7.2001 of the court. In spite of directions of the court, sanction had yet not been issued by the State Government, and prayer was made that cognizance of the offences may be taken against accused persons and they are summoned and be put to trial according to law.

From the side of C.B.I., a counter affidavit has been filed in which it is stated that the case was registered on 22.12.1995 at C.B.I./SIC-IV, New Delhi in pursuance of the order of Apex court dated 15.12.1995 in Writ Petition (Crl.) No. 93 of 1994 (Smt. Muni Devi Vs. the State of U.P.) against S.L. Kashyap the then Station Officer, P.S. Nauchandi, Meerut and other co-accused which includes the accused applicant under Section 120-B read with Section 302, 364, 201 and 220 IPC and subsequent investigation was entrusted to C.B.I/S.I.C.-IV, Lucknow on 27.12.1995. The petitioner Munni Devi was the mother of the deceased Gopal Maheshwari, who stated that her brother Suresh Chandra and her son Gopal Maheshwari (deceased) were illegally taken away on the morning of 24.2.1994 by police personnel subsequently in the night of 26/27.2.1994 deceased Gopal Maheshwari was killed in a fake encounter.

Conclusion: Nation’s security is in the hands of our Judiciary and police personnel. Any such behavior cannot be tolerated. Fake encounter cases reveal how easy it is to hide the truth and people who have authority, power, money always have an upper hand as compared to a common man.