- (1.) K. N. Ojha, J. Instant writ petition has been filed for issue of writ, order, rule or direction to quash impugned order and judgment dated 24-4-1999 passed by Chief Judicial Magistrate, Bhadoi at Gyanpur District Sant Ravi Das Nagar and order dated 8- 9-1999 whereby learned Sessions Judge, Bhadoi at Gyanpur Sant Ravi Das Nagar has dismissed the revision preferred against order dated 24-4-1999 passed by Chief Judicial Magistrate Bhadoi at Ghanpur, District Sant Ravi Das Nagar. By order dated 24-4-1999 at the Chief Judicial Magistrate Bhadoi at Ghyanpur, District Sant Ravi Das Nagar has rejected final report submitted by CB CID in Crime No. 18 of 1999 under Section 307 IPC and 25 Arms Act, P. S. Bhadoi, District Sant Ravi Das Nagar and directed Director General of Police, Uttar Pradesh to pass order for investigation being made afresh by Anti Corruption Branch.
(2.) HEARD Sri Surendra Singh learned Addl. Government Advocate for the petitioner, Sri V. P. Srivastava learned senior Counsel assisted by Sri Praveen Kumar learned Counsel for the respondents and have gone through the record. Order dated 24-4-1999 was passed by the them Chief Judicial Magistrate, Bhadoi at Gyanpur in Crime No. 18/99, Akhila Nand Mishra v. Unknown Accused, under Section 307 IPC and Section 25 Arms Act, Police Station Bhadoi, Crime Nos. 626, 627, 628, 629 and 630 of 1998 whereby the final report submitted by CB CID was rejected and Director General of Police, U. P. was directed to get the investigation done by Special Officer Vigilance Cell. Aggrieved from the order Criminal Revision No. 76 of 1999 was preferred by State of U. P. which was decided by learned Sessions Judge, Bhadoi at Gyanpur on 8-9-1999 and the revision was dismissed. Hence this writ petition has been filed. The fact of the case is that FIR about killing of four hardened criminals in police encounter on 17-10- 1998 at 11. 30 a. m. on Aurai road in village Saroi near Harsh Petrol Pump was lodged on 17-10-1998 at 4. 05 p. m. at Police Station Bhadoi by Akhilanand Mishra the then Circle Officer, Bhadoi. The case was investigated by CB CID and a final report was submitted on 30-1- 1999. The informant Akhilanand Mishra, Circle Officer, Bhadoi and Bahadur Ram, the then Inspector, Police Station Bhadoi filed separate protest petitions against the final report. According to Akhilanand Mishra, the police documents made his presence at the place of occurrence doubtful and the written report was prepared at the behest of Addl. S. P. Dr. S. H. Bharadwaj. It was contended that the entries made in G. D. Serial No. 11 on 17-10- 1998 at 7. 05 a. m. at Police Station Gopiganj and G. D. Serial No. 12 of Police Station Suriyawan dated 17- 10-1998 at 7. 30 a. m. and G. D. Entry made at serial No. 13 on 17-10-1998 at 7. 40 a. m. at Police Station Chauri, indicating the departure of police force has not been taken into consideration by the investigation agency.
(3.) THE case of the Police Inspector Bahadur Ram is that his statement recorded by CB CID is fictitious. It was also alleged by him that witnesses Vinay Chand Shukla, Sanjay Kumar Singh Brijesh Singh were not interrogated by the Investigating Officer nor affidavits filed by the witnesses were included in the Case Diary. When the final report was submitted after considering the protest petition filed by the respondents the learned Chief Judicial Magistrate concerned rejected the final report and ordered for re- investigation of the case by Anti Corruption Branch. Aggrieved therefrom revision was preferred by State of U. P. through DGC (Criminal) Bhadoi at Gyanpur on the ground that charge-sheet in Crime No. 94 of 1999 under Sections 302/147/148/109/114 and 120-B IPC (Crl. Case No. 19 of 1999, State v. Akhilanand and 34 others Police Officials) was filed on which order was to be passed by learned Chief Judicial Magistrate for taking cognizance. Crime No. 94 of 1999 under Section 302 IPC against Akhilanand Mishra and others was registered on the report of the Investigating Officer, P. N. Nigam on 30-1-1999 at Police Station Bhadoi. It was alleged by the State of U. P. that application was moved before the Chief Judicial Magistrate concerned on 24-4-1999 for permission to file counter objection against the protest petition. It was rejected. It was alleged that investigation was made in Crime No. 626 of 1998 under Section 307 IPC and encounter case alleged by Akhilanand Mishra etc. was found un-proved.;