- (1.) PALOK Basu J. This petition under Section 482, Cr. P. C. has been filed under peculiar circumstances.
(2.) IT is alleged that on 20-11-1977 applicant Bhaiya Lal and his father Tulsia were assaulted by some accused, namely, Ram Chandra son of Mahadeo, Udai and Munna sons of Ram Chandra and Lala son of Raja Ram all residents of village Sitapur, police station Karvi, district Banda. Bhaiya Lal received several injuries and survived the assault. A first information report was lodged at police station Karvi, under Sections 304, 325, 323, 504 and 506, I. P. C. by Tulsia who died soon thereafter which was the case converted into one under Section 304, I. P. C. also. On 25-12-1977 after completing the investigation a charge-sheet was filed with the Cricle Officer Karvi. It is stated that from the Cricle Officer, Karvi charge-sheet was sent to the Court and that the charge-sheet kept on moving from one court to another and ultimately it is missing. The allegations are that the entire charge-sheet as filed, was stealthily removed with the collusion of the court staff. In view of the aforesaid facts and circumstances, it has been prayed that the opposite-parties that is S. H. O. Kotwali, Karvi, District Magistrate, Banda and the Judicial Magistrate, Karvi, District Banda as also the four accused be commanded to produce the charge-sheet as filed before the court of the Chief Judicial Magistrate for proceeding according to law for committing the accused to the Court of Session for trial. On 2-1-1986 this application was moved in this Court. A report from the District Judge was called and thereafter a counter-affidavit was also called from the opposite-par ties.
(3.) THE reports of the District Judge as well as that of the Chief Judicial Magistrate indicate that the charge-sheet is not available in their courts. THE reports indicate that the case was investigated by one Darshan Singh after which the necessary parchas in the Case Diary were prepared by him. True copies of the parchas Nos. 1,2 and 3 have been filed as CA-2 to CA-4' to the counter-affidavit. It has been further said that the fourth parcha is not available. It has further been averred in the counter-affidavit that the charge-sheet was, in fact, filed through the office of the Circle Officer, Karvi to the court of the Chief Judicial Magistrate, Karvi, Banda which is no more traceable. Sri A. P. Tewari has put in appearance on behalf of the accused opposite parties Nos. 6 to 9. He has informed the Court that opposite-party No. 6 Ram Chandra accused is already dead. He, however, did not propose to file a counter-affidavit inspite of time having been granted to him.;