NARENDRA KUMAR DHIR Vs. REPUBLIC OF INDIA

JUDGEMENT

(1.) The two petitioners in Criminal Misc. Case No. 305/96 are in custody in connection with S.P.E. Case No. 44 of 1994.

(2.) On the, basis of the FIR of one Anwar Khan, Tomka P.S. Case No. 50/- 1993 corresponding to G.R. Case No. 332/93 in the file of the S.D.J.M. Jaipur Road, was registered under sections 147, 148, 149, 368, 328, 325 and 506, Indian Penal Code and section 27 of the Arms Act. In the said FIR which was first submitted before the Incharge Officer, Kalapani Police Outpost, it was alleged that some people belonging to Janata Dal forcibly took Shyamapada Rout to the quarters of Samrat Gupta Chakradhar Alda, Bharat Mohant, Bhagaban Mohant, Gobardhan Mohant, Sabir Mian. Bhagaban Pradhan and 29 to 30 hired goondas of Bihar were stated to be the culprits. The date of occurrence was alleged to be Saturday, 24-7-1993, and the FIR was given on 26-7-1993. Subsequently, the victim Shyamapada Rout could not be traced up and on the basis of the petition filed by the wife of Shyamapada Rout. the Supreme Court directed the CBI to take up investigation.

(3.) The CBI after investigation filed charge-sheet against eight accused persons including the present petitioner under sections 120B., 302, 364 and 201, Indian Penal Code.