JYOTI BELUR Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Heard the arguments advanced by Sri V.P. Srivastava, learned Sr. Counsel assisted by Sri S.P. Tripathi, learned counsel appearing for the applicant and in opposition Sri Gyan Prakash, learned Sr. Counsel assisted by Sri Sanjay Kumar Yadav, learned counsel appearing for the Central Bureau of Investigation.

(2.) The present application has been filed with a prayer to set-aside/quash the entire proceedings of S.T. No. 15 of 2011 (C.B.I. v/s Smt. Jyoti Belur), under Section 302, 201 IPC, P.S. SIC-IV, New Delhi as well as the order dated 19.9.2016 passed by the Special Judge, CBI, Court No. 1, Ghaziabad and also a prayer is made to stay the proceedings in this case till the disposal of this application.

(3.) The submission made by the learned counsel the applicant is that the applicant was Additional Superintendent of Police at the relevant time on 1st posting. An encounter was done by Lal Singh, SHO of four persons, who died, in respect of whom crime no. 138 of 1996 under section 302 IPC was registered at the concerned police station. The Investigating Officer had recorded as many as 66 witnesses and thereafter final report was submitted against the accused applicant. But subsequently she was summoned under sec. 319 Cr. P.C. to face trial in the present case. Against this summoning order revision no. 2708 of 2010 was preferred in which the stay was granted but the said revision was later on dismissed in default on 9/4/2013. Thereafter recall application was moved but even that was dismissed vide order dated 9/7/2013, the same being found barred under section 362 of the Criminal Procedure Code. Against the said order the Apex Court was approached by the applicant but even from there no relief was given and the SLP was rejected. Thereafter, the applicant resigned from service and surrendered citizenship of India and went to UK. It is further argued that no prosecution sanction has been obtained under section 197 Cr. P.C. to prosecute the applicant, while four other co-accused, the prosecution sanction was taken which is evident from para no. 16 of the charge- sheet at page 35 of the paper book. Therefore, it is prayed that the entire proceedings in special case no. 15 of 2011 (CBI vs Smt. Jyoti Belur), under Section 302, 201 IPC, PS: SIC - IV, New Delhi as well as order dated 19/9/2016 passed by the Special Judge, CBI, Court no. 1, Ghaziabad, should be quashed.