IN THE COURT OF SH. RAGHUBIR SINGH
METROPOLITAN MAGISTRATE-02 (NORTH) DELHI
Case No. 2211ST106
Unique Case ID No.: 02401R0026711997
State v. Ayodhya Prasad (Senior
FIR No. : 127/97
PS: Roop Nagar
U/s. 506 IPC
Date of institution: 22.07.1999
Date of arguments:06.02.2013
Date of Judgment: 06.02.2013
a) Serial No. of the case
b) Date of commission of the 03.02.1997
c) Name of the complainant Sh. Nishikant Thakur Manager
(Admn), Dainik Jagran, 501, INS
building, Rafi Marg, New Delhi.
d) Name of the accused person, Sh. Ayodhya Prasad Tripathi Sb Sh
and his parentage and Beni Madhav Tripathi Rio
address. Kamla Nagar, Delhi.
e) Offence complained or proved 506 IPC
f) Plea of the accused Pleaded not guilty
g) The final order Acquitted
h) Date of such order 06.02.2013
BRIEF STATEMENT OF THE REASONS FOR THE DECISION OF THE CASE:
1. The Prosecution case in brief is that on 01.03.1997, a zero FIR vide entry
no. 14 A dated 18.02.1997 u/s 506 IPC PS Parliament Street,
FIR No. 127/97 PS: Roop Nagar Page 1 of
New Delhi had been received in the PS Poop Nagar to the effect that one Sh.
Nishikant Thakur Manager (Administration) Hindi Daily Dainik Jagran had made a
complaint to the said police station to the effect that one Sh Ayodhya Prasad
on 01.02.1997 had threatened the editor of Dainik Jagran Newspaper ( namely Sh Narender Mohan Member
Parliament). The alleged threat had been given in connection with a news
clipping appearing in the Lucknow edition of the said paper by the aforenamed
person showing his address of ; as Manav Raksha Sangh, 62A, Kamla Nagar, Delhi.
He had sent a letter showing his address as above and threatening that in case
his order was not obeyed said Sh Narender Mohan would be cut into pieces and
would be made bait of the dogs . It is further averred therein that on an earlier occasion
i.e on 16.04.1996 also; at about 10.30 pm some so called Shiv Sainiks had
intruded into the office of the aforenamed Hindi Daily and had given beatings
to employees and had also caused damage to the property. Hence, the present
complaint was lodged with the police.
2. After conclusion of the investigation, the charge-sheet/final report u/s 173
Cr.P.C dated 09.03.1998 was filed in the court and the accused was summoned in
the due course . The
accused appeared on the very next date and was supplied with the requisite
copies of the chargesheet and annexures thereof. Notice u/s 251 Cr.P.C for the
offence punishable u/s 506 IPC was served upon the accused vide order dated
02.12.1999 to which the accused pleaded not guilty and claimed trial.
3. The prosecution got examined seven witnesses to prove its case and the PE
stood closed vide order dated 23.02.2012. Here it is worthm entioning that the
examination in chief of the main witness i.e complainant
FIR No. 127/97 PS: Roop Nagar Page 2 of
witness Sh Nishikant Thakur remained incomplete. It is also worth mentioning
that no witness has been shown examined as PW-3.
4. SA u/s 313 Cr.P.C of the accused was recorded on
26.04.2012. During the course of SA the incriminating evidence put to the
accused was denied. Accused opted for leading no evidence in his defence.
5. File perused. Counsels heard.
6. The witnesses examined by the prosecution are:
i) PW-1 SI Prithi Singh — Duty
officer there at PS
Parliament Street; who had recorded the zero FIR as on
18.02.1997 on the written complaint of the complainant
Sh Nishikant Thakur.
ii) PW-2 - ASI
Geeta Rani ; also happens to be the duty officer there at PS Roop Nagar who on
receiving the zero FIR ; got recorded the present FIR ie FIR no. 127/97.
iii) PW-3 — no
witness has been shown examined as
iv) PW-4 — lnsp
Sunder Singh ; 10 of the case
v) PW-5 — Sh
Nishikant Thakur whose examination in chief is incomplete.
vi) PW-6 - HC
Onkar Singh ; in whose presence the
accused had been arrested by SI Raghunath Tyagi (the
said SI Raghunath Tyagi has not been examined as a
FIR No. 127/97 PS: Roop Nagar Page 3 of
vii) PW-7 — HC
Jagjit Singh; who had deposited the documents in question with FSL, and;
viii) PW-8 - HC
Minhazuddin ; who also happens to be a formal witness.
7. Perusal of the case file makes it clear that either the material witnesses
were not examined or their testimony remained incomplete or the depositions
which are there on record are not trustworthy. The complainant Sh Nishikant
Thakur has been shown examined as PW-5 ,
however, his examination in chief was
deferred for want of original documents. Thereafter, the prosecution failed to
bring on record the requisite original documents as well as in calling the said
witness for the purpose of concluding his examination in chief. Hence, his
testimony cannot be read at all. The incomplete testimony of the material
witness destroys the very base of the prosecution story.
8. Further, the accused is shown having been arrested by SI Raghunath Tyagi . It is also part of the prosecution
story that during the course of interrogation by the said SI the accused had
made a disclosure statement and had also given the specimen handwriting and
signatures to the said police official. However, the said police official SI
Raghunath Tyagi was not at all examined as a witness for the reasons known to
the prosecution itself.
9. Now, coming to the testimony of PW-4 lnsp Sunder Singh the
10 of the case , it
becomes clear that the very material documents i.e the alleged threatening
letter , the
specimen handwriting & signatures of the
FIR No. 127/97 PS: Roop Nagar Page 4 of
accused as well as the FSL result pertaining thereto, could not be brought on
record . The
prosecution entirely failed to satisfactorily explain as to what happened to
these documents and the FSL result thereof. In the absence thereof the accused
is very much entitled to be acquitted of the allegations/charges levelled
10. On the basis of the findings given herein above, it becomes crystal clear
that the prosecution story cannot be believed at all and is bound to fail. Even
the examination of the complainant witness remained incomplete. The material
documents (i.e the alleged threatening letter, the specimen handwriting &
signatures and the FSL result) also couldn’t be brought on record. The accused
thus deserves to be acquitted.
11. Ordered accordingly.
12. File be consigned to record room.
Announced in Open Court (RAGHUBIR SINGH)
today on 6th February,
2013 Additional Chief Metropolitan
FIR No. 127/97 PS: Roop Nagar Page 5 of
State v. Ayodhya Prasad (Senior Citizen)
FIR No. : 127/97
PS: Poop Nagar
U/s. 506 IPC
Present: Ld APP for the state
Accused on bail with Id counsel
Vide separate and detailed judgment of this day, accused stands acquitted of
the allegations levelled against him.
At this stage, accused has furnished personal bond in the sum of Rs. 10,000/- . Same is hereby accepted as per the
provision. His previous surety stands discharged and the previous bail bonds
File be consigned to record room.
Additional Chief Metropolitan
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