- (1.) By means of this application, the applicant has prayed for quashing of the order dated 10.8.2005 passed by Secretary, Home (Police), Uttar Pradesh, Lucknow and the charge sheet no. 28 of 2005 arising out of Case Crime No. 84 of 2001, under Section 218 IPC, P.S. Kotwali, District Banda as well as the cognizance orders dated 20.9.2005 and 26.9.2005 passed by learned Chief Judicial Magistrate, Banda in criminal Case No. 3136 of 2005.
(2.) The factual matrix of the case, relevant for the disposal of this application is that on 29.6.1995 the applicant was posted as Circle Officer (Police), Naraini, District Banda and on 7.8.1995 the applicant was transferred from District Banda to the Intelligence Department and was posted in Intelligence Head Quarter, Lucknow but again on 30.1.1996 he was transferred back to District Banda as Circle Officer (Police), Naraini, Banda. It is alleged that on 29/6/1995, an FIR was lodged by one Parashuram Verma, Station Officer, P.S. Kotwali Dehat, District Banda against Mayyadeen, Chhota, Ram Prakash, Ram Babu Bhat regarding an incident dated 28.6.1995 allegedly committed at about 11 p.m. vide Case Crime No. 211 of 1995 under Sections 147, 148, 149, 307 IPC, Case Crime No. 212 of 1995, under Section 25 of Arms Act and Case Crime No. 213 of 1995, under Section 30 of Arms Act. The investigation of aforesaid cases was carried out by one Sri A. B. Singh, Deputy Superintendent of Police (Circle Officer), Baberu, District Banda vide order dated 30.6.1995 passed by Superintendent of Police, Banda. It is further alleged that on 27.8.1995, the investigation was transferred from Mr A. B. Singh, Circle Officer, Baberu to another Circle Officer (Sadar), District Banda namely Kripa Ram Yadav and this fact was noted in the case diary at Parcha No. 5 by the earlier Investigating Officer. The newly instructed Investigating Officer recorded the statement of various witnesses during his investigation. It is further alleged that after the retirement of Kripa Ram Yadav, the Superintendent of Police, Banda directed one Salig Ram Verma, the Circle Officer, City, Banda to conduct the investigation. It is further alleged that on 4.2.2996, the Superintendent of Police, Banda modified his earlier order dated 19.1.1996 and transferred the investigation to the applicant, who was then posted as Circle Officer, Naraini, Banda. The applicant is said to have took the investigation in his hand on 6.2.1996 and made the entry in this respect in the case diary at parcha no. 11 on 6.2.1996 and completed the investigation and finally submitted the charge sheet against Ram Prakash, Chhota, Ram Babu Bhat on 6.6.1996 under Sections 147, 148, 149, 307 IPC and against Kamal Singh under Section 30 of Arms Act in the court upon which learned Magistrate took the cognizance under Section 190 Cr.P.C. and thereafter committed the case to the court of session where the case was registered as Sessions Trial No. 254 of 1996 (State Vs Chhota and others) and accordingly trial court passed an order dated 24.1.2001 directing framing of charges against the accused persons.
(3.) It is further alleged that thereafter one Smt Suganiya wife of Bhaluwa Kumhar lodged an FIR after the death of one of the injured namely Maiyyadeen on 29.6.1996 against Station Officer of Police Station Kotwali Dehat, District Banda namely Parasuram Verma and other police personnel which was registered as Case Crime No. 214 of 1995, under Section 302 IPC, P.S. Kotwali Dehat, District Banda. Which was initially investigated by Kripa Ram Yadav, the Circle Officer, Sadar, District Banda pursuant to the order dated 30.6.1996 passed by Superintendent of Police, Banda (In short S.P., Banda) till his superannuation and thereafter vide order dated 19.1.1996 of S.P. Banda the Investigation was given to one Salig Ram Verma, the Circle Officer, Banda and further by the order dated 4.2.1996 of S.P. Banda, the applicant was deputed to conduct the investigation of the said case.;