O.P. Jain, J. - (1.) This is an application under Section 482 Criminal Procedure Code by applicant, Shiv Chandra Singh, who is a Sub-Inspector of Police.
(2.) Brief facts of the case are that one Babu Ram was murdered on 19.11.1980 and the F.I.R. was lodged by his brother Chhail Behari Saxena, opposite party No. 2 in which six persons were named and two persons were unnamed. It was alleged in the F.I.R. (Annexure '1' to the affidavit filed in support of the application under Section 482 Criminal Procedure Code) (Hereinafter referred to as 'Application') that the deceased Babu Ram had filed some complaint against Shiv Chandra Singh to the higher Officer of the Police and therefore, Shiv Chandra Singh was inimical to the deceased. It was further alleged that the co-accused had openly stated that they have been asked by Shiv Chandra Singh to kill Babu Ram and that Shiv Chandra Singh will see to it that the co-accused go scot free. In this way, it was alleged by Chhail Behari Saxena that his brother Babu Ram has been killed in a planned manner as a result of conspiracy hatched by Shiv Chandra Singh.
(3.) The case was investigated by the C.I.D. and some persons were charge sheeted for the murder. However, no charge sheet was filed against Shiv Chandra Singh. During the trial Chhail Behari Saxena was examined as witness on 21st August, 1986 and on the basis of his statement D.G.C. (Criminal) filed an application on 8.12.89 under Section 319 Criminal Procedure Code and the learned Special Judge (E.C. Act), to whom the case was transferred, passed a brief order on the same day and summoned the applicant as an accused under Section 302 read with Section 120-B Indian Penal Code.;