- (1.) Heard Sri Anil Tiwari for the applicant; learned A.G.A. for the State and perused the record.
(2.) The facts as they appear on the record are that the applicant is a retired police officer. On August 22, 1984, while the applicant was posted as Constable in district Jalaun, a person named Budh Singh was shown to have been arrested on spot for an offense of robbery, which gave rise to Case Crime No.283 of 1984 at P.S. Konch, district Jalaun. On August 25, 1984, Budh Singh died in custody. It was alleged by his family members that Budh Singh was arrested from his house; thereafter framed in a robbery case; and tortured by police officials, which resulted in his death. A preliminary enquiry resulted in a first information report, lodged by the Inspector Crime Branch on 27.11.1987, against 7 police officers including the applicant of implicating the deceased Budh Singh in a false robbery case and thereafter subjecting him to custodial torture which resulted in his death. This FIR was registered as Case Crime No.567 of 1987 at P.S. Konch, district Jalaun. Thereafter the matter was investigated by the Crime Branch, which revealed the involvement of the accused including the applicant in the offence, as a result sanction for prosecution was obtained from the Governor, vide order dated 12.01.1994, and charge sheet was laid in court on 20.09.1995, which took cognizance of the offences on 16.11.1995. Thereafter, efforts were made to secure the presence of the accused who, at that point in time, were members of the police force.
(3.) Instant application has been filed seeking quashing of the proceeding arising out of Case Crime No.567 of 1987 , which at present is pending as Case No.2425 of 2014 in the court of CJM, Jalaun at Orai under sections 147, 342, 323, 304, 218, 330 IPC.;