SANJAY HARKAULI,J. - (1.) By means of this petition under section 482 Cr.P.C., 1973 the prosecution sanction in respect of the petitioner Vyas Narain Umrao accorded on 27.01.2016 passed by the Chairman, Board of Revenue, U.P., Lucknow has been challenged. The said prosecution sanction relates to case crime no.183 of 2003 under sections 143/304 I.P.C., Police Station Colonelganj, District Allahabad in respect of which charge-sheet no.02 of 2016 dated 06.03.2016 was submitted and cognizance thereon was taken on 21.03.2006 and the accused was summoned vide order dated 27.04.2010 by the Special Chief Judicial Magistrate, Allahabad in case no. 604 of 2006 (State v. Vyas Narain and others).
(2.) Brief facts of the case are that the petitioner along with Anil Kumar Gupta had taken loans from the Bank of India and had failed to repay the same. Accordingly, recovery certificates were issued against them. A team of Tehsil officials headed by the petitioner in the capacity of Naib Tehsildar comprising of Sangrah Amin, certain class IV employees and a Home-guard initially arrested Mahmood Hussain on 06.06.2003 and thereafter arrested Anil Kumar Gupta in compliance of the recovery certificate. These two persons were thereafter carried to the revenue lock-up and after due formalities were detained therein. In the said lock-up, five-six other persons against whom recovery was due, were locked-up from before. Thereafter Mahmood Hussain was informed to be unwell and he was accordingly taken to Beli Hospital by the Tehsil officials wherein Mahmood Hussain was declared to be dead. A postmortem was conducted thereafter in which the cause of death was found to be an injury on the head.
(3.) A magisterial inquiry was conducted by the Additional District Magistrate (City) wherein statements of other co-detenues of the Tehsil lock-up were recorded and the Tehsil officials were not found to be guilty. However, a case crime no.183 of 2003 was registered, in respect of which an investigation was conducted by the Station House Officer, P.S. Colonelganj, District Allahabad and finding the case not proved, final report no. 61 of 2003 dated 17.09.2003 was submitted.;