R.C. Deepak, J. - (1.) Heard learned Counsel for the applicant, learned A.G.A. and perused the record.
(2.) The present application has been moved to permit the applicant to surrender before the Court of C.J.M. of any other neighbouring district except district Ghazipur. The submission of learned Counsel for the applicant is that the applicant is named as an accused in case crime No. 597 of 2003, under section 302 IPC. P.S. Nandganj, District Ghazipur. He tried to surrender before the Court of C.J.M. 4 Ghazipur but could not succeed. He is also ready to be arrested. His further submission is that Vipin Kumar pandey the informant in the case is closely related to Sri Kailash Nath Yadav, Member of Legislative Assembly of Samajwadi Party a ruling party in the State and he and the police personnel of district Ghazipur have already made a conspiracy to commit the murder of the applicant giving the shape of encounter. In this continuation he has further argued that after the registration of the case under section 302 IPC referred to above Sri V.V. Singh, Station Officer of police station Sadiyabad, District Ghazipur lodged a false First Information Report registered as Case Crime No. 644420455 of 2003, under section 307 IPC against the applicant and 4 others. A perusal of the subsequent First Information Report itself falsifies the story set up in the case. This shows that a conspiracy is hatched against the applicant to finish his life in an encounter, therefore, the life of the applicant is in danger at district Ghazipur. He has further submitted that the life of the citizens is precious and if the applicant has committed an offence he may be punished under law but the police of district Ghazipur is acting arbitrarily with regard to the case registered against the applicant and at any moment the murder of the applicant be committed by the police, therefore, he may be permitted to surrender before the Court of C.J.M. in any - district named Varanasi, Mau, Azamgarh, Ballia or Deoria.
(3.) Under the facts and circumstances of the case and in the interest of justice in the event the applicant appears before the Court of C.J.M. Varanasi and makes an application to be taken into his custody in the case referred to above the Court concerned shall proceed in accordance with law.;