LALJI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Khaleeq Ahmad Khan, learned counsel for the revisionist, Sri Sharad Dixit, learned AGA for the State respondent and Shri I.P. Shukla -II, learned counsel for opposite party no.2.

(2.) THIS criminal revision has been filed challenging the order dated 6.8.2001 passed by Additional Sessions Judge, Court No.10 Sitapur in Sessions Trial No.1470 of 1997 by which application moved by A.D.G.C. (Criminal) for withdrawal of the prosecution pending against the revisionist.

(3.) THE fact in short is that (Shri Mahadev brother of the revisionist) had lodged a first information report dated 22.2.1996, under Section 302 against his brother -in -law regarding murder of revisionist's sister. On 26.2.1996 Ram Gopal was apprehended by the revisionist and he was handed over to the police at Police Station -Kotwali, Sitapur. Investigation was transferred to Police Station -Rampur, District - Sitapur. Ram Gopal had died in the intervening night of 26/27.2.1996. While in custody Police Station -Rampur. Munna Lal brother of deceased Ram Gopal moved an application on 2.6.1996 before the Chairman, Human Rights Commission, New Delhi and on the direction of Chairman of Human Rights Commission, the matter was investigated by Crime Branch Criminal Investigation Department and a case under Section 302 IPC was registered on 29.11.1996 against the revisionist, his two brothers namely Sunder Lal and Mahadev, his sister Gangajali and then Station House Officer, Police Station Rampur Shri G.P. Bharti and three unknown police constables. After investigation a charge -sheet under Section 302 IPC was submitted. During investigation by C.B.C.I.D revisionist was not found revisable for the death of Ram Gopal and the State Government vide letter dated 30.6.2000 issued instructions to the District Magistrate and Superintendent of Police, Sitapur for taking appropriate steps for withdrawal of the prosecution against the revisionist in public interest relating to Sessions Trial No.1470 of 1997 under Sections 302 and 328 IPC (State Vs. Lalji and Others), Police Station -Rampur, District -Sitapur.