Rajesh Dayal Khare, J. - (1.) HEARD learned Counsel for the applicant and learned A.G.A. for the State Respondent.
(2.) THE present 482, Code of Criminal Procedure application has been filed for quashing the proceedings of case No. 796 of 2008 under Section 147, 148, 149, 302 IPC (case crime No. 61 of 1982), P.S. Bakhira District Sant Kabir Nagar, pending before Chief Judicial Magistrate, Sant Kabir Nagar and also for quashing the charge sheet submitted in said case crime number as well as for quashing of the order dated 11.8.2010 whereby it has been directed that pension and other benefits of the applicant be stopped and the applicant was directed to appear on 17.9.2010. It is contended by the learned Counsel for the applicant that in the year 1982 the applicant was posted as Station House Officer, police station Bakhira district Basti and one criminal, namely, Rudal Pathak, was murdered by another criminal Satya Narain, for which first information report was lodged. Initially the investigation was done by the Investigating Officer Audan Singh, who, after investigation, found that there was no complicity of the applicant in the alleged offence, however, on the order passed by Superintendent of Police, Basti, matter was again investigated by one Surendra Nath Singh, who, after investigation, also found that there was no complicity of the applicant in the alleged offence and submitted final report and still again investigation was transferred to C.B.C.I.D. and Harbansh Misra, Inspector, conducted the investigation and after investigation it was not found that the applicant was not involved in the alleged offence and report of Investigating Officer was submitted and charge sheet was filed against other accused persons. Still again matter was directed to be investigated by the order of S.P., C.B.I.C.D., Lucknow and one Khadak Bahadur Singh, Inspector, was directed to make investigation, who conducted the detailed investigation and found that the applicant was not even present at the time of alleged incident and was present at the concerned police station, therefore, submitted final report. It is also contended that when the matter proceeded to the court, during trial, an application under Section , Code of Criminal Procedure was moved to summon the applicant, which was rejected by the trial judge vide order dated 27.5.1983, copy of which has been filed as annexure -4 to the affidavit accompanying application, which order was not challenged. It is further contended that the trial judge concluded the sessions trial No. 332 of 1982 and passed judgment and order dated 21.8.1986 convicting four accused, namely, Satya Narain alias Dingur, Sheo Narain alias Chini, Ganesh and Gauri. It is next contended that the against the said judgment and order dated 21.8.1986 a criminal appeal No. 2258 of 1986 was filed before this Court by the accused persons, which is pending consideration. It is further contended that while passing the judgment and order dated 21.8.1986, the trial court directed that the matter be re -investigated against Ram Raj Yadav, then then Station House Officer, police station Bakhira and to prosecute him. When the applicant came to know about the investigation being made against him, he filed criminal misc. writ Petition No. 4831 of 2003 before this Court, in which this Court stayed the arrest of the Petitioner, after taking note of the fact that various attempts have been made against the Petitioner to victimize him, copy of which has been filed as annexure -12 to the affidavit accompanying application.
(3.) SECOND supplementary affidavit on behalf of the applicant has been filed today, which is taken on record.;