- (1.) The applicant has moved this application, invoking inherent jurisdiction of this Court, purported to be under Section 482 of the Code of Criminal Procedure ( in short 'the Code') with prayer to quash the charge-sheet dated 23.7.2008 submitted in Case Crime No. 295/2002 under Section 342, 323, 506, 218, 211, 192 and 196 I.P.C., Police Station- Barkheda, District Pilibhit and the order dated 5.8.2009 taking cognizance thereon passed by ACJM-III Pilibhit.
(2.) The factual matrix of the case, relevant for the disposal of this application, is that during material and relevant time, the applicant was posted as Station Officer (SO) of P.S.-Barkheda, District- Pilibhit. On 6.12.1995 one Chaturi Lal was apprehended by the Police in a case under Sections 151, 107/116 of the Code. One Shanker Lal Verma, who is said to be a local politician along with one Jagan Lal approached to the applicant and under the garb of his political position pressurised him to release Chaturi Lal. The applicant refused to released Chaturi Lal. This has caused hot altercation between the applicant and Shanka Lal Verma which culminated in scuffling. Both side said to have sustained minor injuries. The applicant lodged F.I.R. on the same day i.e 6.12.1995 at 14.30 O'Clock Case Crime No. 216/1995 under Section 332, 353, 504, 506 and 323 I.P.C. The police arrested Shanker Lal Verma and and his aide Jagan Lal in the matter and both were sent to jail. Later on they were released on bail from the court concerned.
(3.) On 2.2.1996 Shanker Lal Verma said to have sent an application to the Governor, U.P. disclosing about the above incident and his arrest by the applicant. On the basis of aforesaid application O.P. no. 2 the then Inspector CBCID, Bareilly lodged F.I.R. against the applicant on 12.9.2002 at Crime No. 295/2002 under Sections 342, 323, 506, 218, 192 and 196 I.P.C. The I.O. CBCID, Bareilly having concluded investigation submitted charge-sheet on 23.7.2008 in the court. The Magistrate concerned had taken cognizance of the aforesaid offences on 5.8.2008. The prosecution sanction as required under Section 197 of the Code was granted by the Government on 7.7.2008.;