BHAIYA LAL Vs. STATE OF U P

JUDGEMENT

(1.) PALOK Basu J. This petition under Section 482, Cr. P. C. has been filed under peculiar circumstances.

(2.) IT is alleged that on 20-11-1977 applicant Bhaiya Lal and his father Tulsia were assaulted by some accused, namely, Ram Chandra son of Mahadeo, Udai and Munna sons of Ram Chandra and Lala son of Raja Ram all residents of village Sitapur, police station Karvi, district Banda. Bhaiya Lal received several injuries and survived the assault. A first information report was lodged at police station Karvi, under Sections 304, 325, 323, 504 and 506, I. P. C. by Tulsia who died soon thereafter which was the case converted into one under Section 304, I. P. C. also.

(3.) THE reports of the District Judge as well as that of the Chief Judicial Magistrate indicate that the charge-sheet is not available in their courts. THE reports indicate that the case was investigated by one Darshan Singh after which the necessary parchas in the Case Diary were prepared by him. True copies of the parchas Nos. 1,2 and 3 have been filed as CA-2 to CA-4' to the counter-affidavit. It has been further said that the fourth parcha is not available. It has further been averred in the counter-affidavit that the charge-sheet was, in fact, filed through the office of the Circle Officer, Karvi to the court of the Chief Judicial Magistrate, Karvi, Banda which is no more traceable.