- (1.) HEARD Sri Amrendra Kr. Bajpai, learned counsel for applicant and learned A.G.A. appearing for State of U.P.
(2.) THIS application under Section 482 Criminal Procedure Code, 1973 (hereinafter referred to as 'Cr.P.C.'), has been filed for quashing of impugned order dated 18.08.2004 (Annexure No. 1 to the application) and to pass an order commanding Opposite Parties (hereinafter referred to as 'O.P.') not to arrest the applicant in pursuance of the investigation report submitted by the Investigating Agency i.e. C.B.C.I.D., alongwith other formal reliefs.
(3.) BRIEF facts related to this application as transpire from the record are that : 3.1 The applicant joined service on 01.03.1977 on being selected as Junior Forest Ranger through competitive examination. He was also promoted to the post of Forest Ranger in terms of relevant Service Rules on 09.07.1993. 3.2 During applicant's posting as Forest Ranger at Bird Santuary, Nawabganj, District - Unnao one Sri Shiv Dayal was arrested on 15.02.1998 for an illegal act of hunting a protected bird and to eat that. In that regard a report was registered as Case No. 9 Nawabganj/97 -98, under Sections 9, 27, 29, 39, 51 of Wild Life (Protection) Act, 1972 (hereinafter referred to as 'Act, 1972'). 3.3 Above named accused absconded and was arrested on 15.02.1998. He confessed the offence, by giving written statement on 15.02.1998 at about 12.30 P.M. and on the same date i.e. 15.02.1998, he was released on furnishing personal bond. 3.4 After his release from custody, unfortunately, in the evening, on account of head injury caused to accused in the quarrel with his brother, he died, just on the eve of Parliament Elections scheduled on 16.02.1998. 3.5 Allegedly, some local political leaders made the incident a case of harassment of a person belonging to Scheduled Caste for their political gain and under their pressure, an First Information Report (hereinafter referred to as 'FIR') was registered as Case Crime No. 36 of 1998 under Sections 342, 323, 304 Indian Penal Code (hereinafter referred to as 'IPC') and Section 3(2)(V) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'SC/ST Act, 1989') at Police Station - Ajgain, District - Unnao against the applicant and one another. 3.6 Validity of the aforesaid FIR was challenged before this Court in Writ Petition No. 1244 of 1998 (B) - Digvijai Singh and Another Vs. State of U.P. and Another. On 13.05.1998, above writ petition was finally disposed of with direction that petitioner shall not be harassed by the local police, except on the request of Central Bureau of Criminal Investigation Department (in short 'C.B.C.I.D.'), who was entrusted the investigation of the case. 3.7 The C.B.C.I.D., investigated the matter and after completion of investigation, submitted its report to OP No. 1, Special Secretary (Forest) for sanction under Section 197 Cr.P.C., to prosecute the applicant being a public servant. 3.8 OP No. 1, vide letter dated 23.03.2000 (Annexure No. 8) and 17.09.2001 (Annexure No. 9), asked the OP No. 2, Principal Chief Conservator, Forest, U.P., Lucknow to give report for sanction of the prosecution of the applicant in the Court of law. OP No. 2 on his turn sent a report dated 16.10.2001 (Annexure No. 10), concluding therein that there is no reason to prosecute the applicant and same will amount to harassment of the applicant, for no fault on his part. 3.9 The matter was again sent to OP No. 2 for grant of sanction, vide letter dated 13.10.2003. In compliance to that, OP No. 3, Chief Conservator Forest (Wild Life), U.P., Lucknow, on being delegated the power by OP No. 2, sent its report dated 19.04.2004 (Annexure No. 12 to the application), indicating therein that on the basis of evidence collected by the Investigating Agency to send the charge sheet, no prima facie case is made out against the applicant and no purpose will be served by applicant's prosecution. It was also indicated in the report that applicant was entitled to get benefit of Section 60 of Act, 1972, which provides that no Forest Officer/Employee shall be prosecuted for the act which they have done in good faith. OP No. 2 being satisfied with the report of OP No. 3, dated 19.04.2004, also agreed not to prosecute the applicant and sent his report vide letter dated 27.04.2004 (Annexure No. 13 to the application). 3.10 Vide letter dated 10.08.2004 (Annexure No. 15 to the application), OP No. 1 has directed OP No. 2 to submit his report against the applicant to take action against him for his prosecution as the direction to sanction for prosecution of the applicant has already been given, on 26.07.2004. 3.11 In the above factual background, OP No. 2 has passed the impugned order dated 18.08.2004 (Annexure No. 1). 3.12 In the above facts and circumstances, this application under Section 482 Cr.P.C. has been preferred by the applicant seeking the reliefs, as stated above. I have considered various arguments raised on behalf of parties and perused the record.;