Rajul Bhargava, J. - (1.) Heard Sri Prakash Chandra Srivastava, learned counsel for the applicant and learned Additional Government Advocate appearing for the State and perused the record.
(2.) This criminal misc. application under Sections 482 Cr.P.C. has been filed by the applicant Tej Singh for quashing proceedings of S.T. No. 1555A of 1996. The applicant has been summoned under Section 319 Cr.P.C. to face trial, by the court below by an order dated 15.10.2011. This order has been termed as illegal and therefore the relief for quashing the proceeding has been sought.
(3.) The facts, briefly stated, are: The prosecution case in a nutshell is that a first information report was lodged by Deopal, the brother of the deceased against six named accused including the applicant and two unnamed police constables in respect of an incident dated20/21.7.1995 on 21.7.1995 stating therein that in the night of 20.7.1995, his brother Anand Swaroop (victim) went to the market for purchasing domestic articles with Sunil his nephew and Mahendra Singh cousin on a Motor Cycle No. DLS806(Rajdoot). When they were coming back after purchasing goods, they were stopped on the way by two police constables the applicant and one S.I. Raja Rama Suman who were wearing police dress. Anand Swaroop, Sunil and Mahendra were detained at police station from 6 O' clock to 8 O' clock in the evening. At about 8.00 Mahendra and Sunil were allowed to go while Anand Swaroop was detained at the police station concerned on the pretext that he will be released after furnishing sureties etc. Mahendra and Sunil reached at their village and narrated the entire story to the village Pradhan and other persons. The village Pradhan sent his brother Devendra Singh with Mahendra, Sunil and Munni Devi. They all inquired the matter from the police personnel at the police station concern including the applicant S.I. Tej Singh. They were assured that Anand Swaroop will be freed in the morning. Meanwhile a police jeep came in which constable Tej Singh and Sub-Inspector Raja Ram Suman were seated on the front side and the other persons namely Game. Devender and Jaipal and some constables were seated in the Jeep in the back side catching hold of Anand Swaroop. The police personnel threw away the victim Anand Swaroop from the jeep with the aid of other accused persons and disappeared from the spot. The said incident was witnessed by the persons who had gone at the police station concerned to know the whereabouts of the victim. They informed the said incident on which a number of persons reached at the place of occurrence where they found the victim Anand Swaroop dead. The corpus of the victim was taken into custody and after completing all formalities was sent to the mortuary for autopsy. The Investigating Officer after conducting investigation submitted the charge-sheet against Gamme alias Gaman, Devendra, Ompal, Jaipal, Mahendra Singh, Sunil and two named accused, Tej Singh (applicant) and Ramji Lal who were police personnel were not charge-sheeted.;