VINOD PRASAD,J. - (1.) HEARD Sri V. P. Srivastava, learned Senior Advocate at a very great length. The background facts which has generated this Criminal Misc. Application are registered below:-
(2.) A first information report of Crime No. 246 of 1996 under Section 392 I.P.C. was lodged by one Mahendra Bawra on 28.07.1996. In connection with that F.I.R. one Ravindra son of Mahipal (deceased) was taken into custody as the culprit on 07.08.1996. On the same day, Ravindra is alleged to have committed suicide. Circle Officer (CO), Police Station-Sardhana, in respect of the said suicide registered F.I.R. of Crime No. 254 of 1996 but after investigation a final report was submitted in respect of that F.I.R. (regarding suicide by the deceased Ravindra), ostensibly to let off the police personnels. On 03.06.1998, learned Magistrate accepted the final report submitted by the Police in aforesaid Crime No. 254 of 1996. From this point, another story began. An unconcerned alleged social worker, Akshay Jain, moved an application on 06.09.1999 before National Human Rights Commission (hereinafter referred to as N.H.R.C.) in respect of the suicide of the deceased. He ultimately was found to be a black mailor and extraneous person. Therefore, Mahipal father of the deceased, lodged a report against said Akshay Jain, vide Crime No. 641 of 2000 under Sections 386, 420, 120-B I.P.C. in which his mother was also made an accused. Investigation commenced which concluded in charge-sheeting both mother and the son who are now facing trial in that Crime No. 641 of 2000.
(3.) IT seems that N.H.R.C. ordered an inquiry in respect of the death of Ravindra. Three inquiry reports were submitted. N.H.R.C. was dissatisfied with the first two reports which, it seems, had exonerated the police personnels. In the third report, however, commission of crime was surfaced and therefore N.H.R.C. directed the matter to be further investigated and hence investigation of Crime No. 254 of 1996 was reopened, with Circle Officer being the informant. The matter was investigated further by C.B.C.I.D. which resulted in filing of a charge-sheet against the present applicants, Jai Chandra Singh, Raisul Hasan, Rishipal Singh and Bhagirath. These applicants were arrayed as culprits for the offence of murder. Record further reveals that accused surrendered in the court and their case was committed to the court of sessions, where it is now registered as Sessions Trial No. 234 of 2010 (State Vs. Jai Chandra Singh and others), under Sections 304, 149, 306, 342, 330 I.P.C.;