MARKANDEY KATJU, J. - (1.) HEARD learned counsel for the parties.
(2.) THE petitioner is presently posted as S.O. police station Pachokhara district Firozabad. The incident in question occurred on 12/13-10-1993 when a Sikh person Harjeet Singh was killed in a police encounter by a police party and an FIR was lodged on 13-10-1993 being case crime No. 327 of 1993 at police station Puwayan, district Shahjahanpur. It is alleged in paragraph 5 of the writ petition that after investigtion the police submitted a final report before the Magistrate concerned and the same was accepted on 29-5-1995 vide Annexure 2 to the writ petition. It appears that a writ petition was filed in the Punjab and Haryana High Court by the father of deceased Harjeet Singh asserting that his son had been picked up by the Punjab police which handed him over to the U.P. police and thereafter he was killed in Shahjahanpur in U.P. in a false encounter. True copy of the judgment of the Punjab High Court dated 27-5-1998 is Annexure 3 to the writ petition. The Punjab High Court directed an investigation by the C.B.I. to enquire and investigate the circumstances leading to the killing of Harjeet Singh and to submit a report before the High Court within a period of six months. The States of Punjab and Uttar Pradesh were also directed to render all necessary assistance in the investigation. Thereafter on 1-8-1998 an FIR was lodged copy of which is Annexure 4 to the writ petition. The petitioner's name was not in the FIR. but he was asked to appear before the C.B.I. Admittedly the petitioner was one of the police party which is said to have killed Harjeet Singh in Shahjanpur vide paragraph 12 of the petition. The petitioner was asked to appear before the C.B.I. for a lie detection test but he refused alleging that his statement under S.161, CrPC had already been recorded. True copy of the letter of the petitioner dated 1-3-2000 is Annexure 8 to the writ petition.
(3.) THE Special Judicial Magistrate, C.B.I., Patiyala issued a notice dated 14-5-2000 to the petitioner to appear on 25-5-2000. However, the petitioner did not appear in that Court and hence bailable warrant was issued on 24-8-2000 against him directing the C.B.I. authorities to arrest him and produce him on 14-9-2000. The petitioner, appeared before the Court of the Spl. Judicial Magistrate, Patiyala on 14-9-2000 and the case was adjourned to 20-9-2000 vide Annexure 11 to the writ petition. On 20-9-2000 an application was submitted by the C.B.I. for directing the petitioner to give his handwriting / signature. However, the same was dismissed vide Annexure 12. On 29-1-2001 the S.P: , C.B.I. wrote a letter of the S.P. Firozabad requesting him to direct the petitoner to attend the C.B.I. office at Chandigarh on 8-2-2001 for the purpose of investigation vide Annexure 13. However, the petitioner did not appear alleging that he was afraid of being killed by encounter by terrorists. On 19-3-2001 a wireless message was received in the office of the S.P., Firozabad to instruct the petitioner to appear in the C.B.I. office on any working day in the last week of March, 2001 vide Annexure 15 to the petition. Since the petitioner did not appear a warrant of arrest has been issued by Spl. Judicial Magistrate, C.B.I., Patiyala with a direction to produce the petitioner on 30-3-2001 as he was charged for offences under S.120B read with S.364, and 302, I.P.C. True copy of the warrant of arrest is Annexure 16 to the writ petition.;