ORDER : 1. We have heard the learned counsel for the parties. 2. Prashant Bhushan, learned counsel for the petitioners has confined his relief to para-15 of the impugned judgment which reads as under: “This relief relates to the incident dated 28.5.2009 when the petitioners had gone to serve dasti summons, issued by the Supreme Court. They want CBI inquiry should be ordered for this incident.” 3. The grievance of the petitioners is that despite all efforts the First Information Report of the incident dated 28.5.2009 could not be registered. The complaint letter dated 28.5.2009 written by the petitioners to SSP, Noida, which is at Page-150 of the paper-book, reads as under: “To SSP Noida Dear Sir, We Monica Kumar and Manish Kumar had gone to Noida Section 39, Police Station to serve a dasti notice of Supreme Court order to Anil Samania - SHO of Section 39, P.S. Noida. Upon our request to receive the dasti notice, the SHO Anil Samania refused and sent us to S.I. JK Gangwar. We went to JK Gangwar, to receive the notice, but he also refused. Previously we had asked Section 10 of Supreme Court and some advocates, that if the respondents did not receive the notice, the service would be incomplete and our case would not be listed before the court, and also that we needed some proof to show that we had gone for servicing, so we had brang (sic) with us a video camera. This video camera was seen by the SHO Anil Samania and other policemen. They snatched our video camera. They also snatched our mobile and all our belongings and abused us. The police Anil Samania and JK Gangwar and other policemen started brutally assaulting us with legs, fists and sticks. Anil Samania molested me. They detained us in the lockup and threatened to file a false case against us. They kept on beating us for many hours until our mother called SSP and he called Anil Samani and told him to leave us. After the SSP called Anil Samania to his office and when he came back, he received our Supreme Court notice, but forced us to write an apology letter, sorry for video-camering the police. Also the clips were deleted by the police. The police Anil Samania threatened to encounter us if we told anyone that they had beaten us.
After the SSP called Anil Samania to his office and when he came back, he received our Supreme Court notice, but forced us to write an apology letter, sorry for video-camering the police. Also the clips were deleted by the police. The police Anil Samania threatened to encounter us if we told anyone that they had beaten us. We had gone around at 10:30 am to the P.S. but they kept on beating and detaining us until about 4-5 pm. We received injuries and I (Monica Kumar) has gotten also an fracture in my left arm. Please Sir, I request you to lodge an FIR. And take action suspend against these police. The police beat us at the behest of Mahalingam - Chairman of Santosh Medical College. Please take some action against them. Medical reports are enclosed. Sincerely, Thank you. Sd/- Monica Kumar Add: K-8, Sector 12, Pratap Vihar, Ghaziabad Ph: 9999346771, 0120-2742148 Sd/- Manish Kumar.” 4. According to the learned counsel for the respondents, the appropriate application which the petitioners should have filed is the application under Section 156(3) of the Code of Criminal Procedure. At this stage, learned counsel for the State of U.P. Submitted that he has no objection if the matter is inquired into by a Judicial Magistrate. 5. In the facts and circumstances of this case, we deem it appropriate to direct the District and Sessions Judge, Gautam Buddh Nagar, U.P. to get the matter inquired into. He may either take up the matter himself or assign the same to any other Judicial Magistrate, First Class and submit a report to this Court as expeditiously as possible. 6. List this matter after the report is received.