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1. Smt. Santosh Kumari, widow of Raja Ram, resident of Milavali, P.S. Kotwali Dehat, district Etah has invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. with the prayer that the impugned order dated 21.9.2006 passed by Chief Judicial Magistrate, Etah, in Misc. Case No. 387 of 2006 be quashed. By the impugned order her prayer seeking order from the Chief Judicial Magistrate under Section 156(3) Cr.P.C. for registration of her FIR for offence of murder of her husband in a fake and false encounter by the police was refused by the Chief Judicial Magistrate, Etah and her said application was ordered to be registered as a complaint case was passed by the CJM concerned and complaint case No. 6130 of 2006 was registered treating the application under Section 156(3) as a complaint.

2. The factual matrix of the case are that the applicant filed an application under Section 156(3) Cr.P.C. before Chief Judicial Magistrate, Etah being Misc. Application No. 387 of 06 on 24.8.2006. Allegations which were levelled in the said application were that the sister of applicant namely Smt. Rajeshwari, wife of Badan Pal resident of village Pahloi was very sick. On 18.8.06 applicant Smt. Santosh Kumari along with her husband Raja Ram( Deceased), Jeth Shiv Prakash alias Pappu and Dewar Ashok was going to village Pahloi to look for her sister Rajeshwari. When they reached between village Pahloi and Taipur near brick klin of Surendra at 3 p.m. then the named alleged accused persons Station Officer Pawan Singh of PS Siddhpura, S.I. Sripal Thenua, S.I. Ajant Singh and constables Sarnam Singh, Rajendra Kumar, all of police station Siddhpura District Etah approached them in a jeep near the brick klin and after surrounding them forcibly abducted Raja Ram, husband of the applicant in their jeep and carried him to the police station Siddhpura. This incident was witnessed by Shiv Prakash alias Pappu and other persons accompaning the applicant. The witnesses tried to get Raja Ram freed from the clutches of the police but their endeavour failed. After the said abduction when the applicant accompanied by her Jeth and Dewar reached at the police station Siddhpura for knowing the where abouts of her husband, she was informed by the above police personnels that Raja Ram is to be interrogated for something and later on he will be released and she can take him back next day morning. The applicant on the said assurance came back to her house. Next day in the morning when the applicant went to bring her husband back from the police station Siddhpura, she was informed by the aforesaid police personnels that her husband Raja Ram was set free in the morning itself. When the husband of the applicant Raja Ram did not reach the house. then the applicant along with her family members searched for her husband but he was not traced out. On 20.8.06 she came to know that the police of police station Siddhpura on the aforesaid date 18.8.06 (the date on which Raja Ram was abducted) has shot dead a person near village Sunahara Gaon by showing a fake and false encounter. She was also shown the news paper in which the photograph of her husband was published. Applicant then came to know that her husband has been shot dead by showing false encounter by the police. On such information the applicant went to the police station Siddhpura On 23.8.06 and requested for action in the fake encounter case but nothing was done. She was threatened for her life by above police personnels who abused her fifthly and pushed her out. Since the husband of the applicant was murdered in a fake and false encounter by above named police personnels ; and because her FIR was not to be registered by the police of PS Siddhpura the applicant Smt. Santosh Kumari dispatched a written application to S.S.P. Etah through courier but nothing happened on her said application also.

6. I have heard learned Counsel for the applicant in support of this application and learned A.G.A. in opposition.

7. A perusal of the application of applicant makes out a case of false and fake encounter and murdering of Raja Ram, the husband of the applicant Smt. Santosh Kumari by the police personals after abducting him in a police jeep from near the brick klin of Surendra. Smt. Santosh Kumari was not at all in the knowledge of facts as to how her husband was murdered by the police personals. She only knew that her husband was abducted by the police personnels on 18.8.06 when she was going along with him to see her ailing sister. But for this fact, no other fact was in the knowledge of Smt. Santosh Kumari. Therefore the observation made by the Chief Judicial Magistrate Etah that Smt. Santosh Kumari was in the knowledge of all the facts is not only against the averments made but is also contrary to the factual matrix of the application.