KARE SINGH Vs. STATE OF U P

JUDGEMENT

(1.) AMAR Saran, J. This application has been filed with a prayer for setting aside the order dated 6. 12. 2005 passed in Case Crime No. 3 of 2004 (Hakim Singh v. S. P. Yadav) and also to quash the process of re-investigation, pursuant to the impugned order, passed by CJM, Agra. It is also prayed that no coercive measures be taken pursuant to the aforesaid impugned order.

(2.) THE allegations in the FIR lodged on 20. 1. 2004 at 11. 45 a. m. by informant, Hakim Singh, at PS Hariparvat, District Agra, were that the applicant, who was a jailer, along with some other jail officials gave a severe beating to the deceased, Siya Ram, who was the brother of the complainant, in the jail premises, which resulted in his death. THE accused also tried to conceal the evidence against them.

(3.) ON 3. 12. 2005 an application under section 173 (8) Cr. P. C. was moved by Inspector, CBCID, Agra, before the CJM, Agra, through the A. P. O. seeking permission for re-investigation into the matter on the ground that the Government desired fresh investigation on the recommendation of the National Human Rights Commission. Thereafter, an order was passed by the CJ. M. on 6. 12. 2005 setting aside the final report and granted permission to the Inspector, CB CID, Agra, to re-investigate the case.