Prabhat Chandra Tripathi, J. - (1.) Case called out in the revised list. Sri Yogesh Agrawal, learned counsel for the applicant and learned A.G.A. for the State are present.
(2.) The instant application has been preferred by the applicant to challenge the legal validity of the charge-sheet No. 31 of 1999 dated 01.09.1999 relating to Case Crime No. 98 of 1988 F.I.R. No. 16 of 1988 dated 12.08.1988 C.B. No. 96 of 1999 under Sections 201/109/34/304 I.P.C., Police Station-Soraon, District-Allahabad. The charge-sheet is annexed as Annexure-1 to the application.
(3.) Learned counsel for the applicant has argued that in this matter accused person-Ram Dulare was produced before the learned Remand Duty Magistrate/ Lower Criminal Court, District- Allahabad on date 17.03.1988 in Crime No. 54 of 1988 under Sections 394/302 I.P.C. and Section 27 Arms Act, Police Station-Soraon, District-Allahabad. The Remand Duty Magistrate granted the judicial custody remand to the accused Ram Dulare w.e.f. 17.03.1988 to 31.03.1988. Thereafter, when the accused Ram Dulare was being escorted by the police personnel to the concerned jail, the accused person Ram Dulare became ill and medical aid was provided to him but it was of no avail and he died. It is vehemently impressed upon by the learned counsel for the applicant that no mention was made in the order dated 17.03.1988 of the learned Remand Duty Magistrate/Lower Criminal Court, Allahabad about the illness of the accused person Ram Dulare which transpires that accused Ram Dulare was produced before the learned Remand Duty Magistrate/Lower Criminal Court, Allahabad in a hale and hearty physical condition on date 17.03.1988. In other words, it is the argument of the learned counsel for the applicant that applicant- Arun Pradeep Shukla, who was the then In-charge of the Police Station- Soraon, District-Allahabad could not be held responsible for the subsequent event which happened after the order of grant of judicial custody remand to the accused Ram Dulare. It is next submitted that final report was submitted in this matter on date 01.07.1993. However, no judicial order could be passed on the aforesaid final report. It is also submitted by the learned counsel for the applicant that change of Investigating Agency is not permissible in law. On such submissions, learned counsel for the applicant has prayed that the proceedings of criminal case No. 8741 of 1991 (State v. Arun Pradeep Shukla) under Sections 304/201/109/34 I.P.C., Police Station-Soraon, District Allahabad pending in the court of learned Chief Judicial Magistrate, Allahabad may be stayed and the charge-sheet of this case may be quashed.;