RAVINDER KUMAR SINGH Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) PRAYER in the present petition, filed under Section 482 of the Cr.P.C., is for quashing the charge-sheet, filed against the petitioner, in case FIR No. RC-7(5)/98/SIU-XV/CHG, dated 1.8.1998, as also for setting aside the order dated 12.10.2004, whereby the petitioner's application for dropping proceedings against him, was dismissed.

(2.) HARJEET Singh, alleged to be a Sikh terrorist, was killed in a police encounter on 12/13.10.1993, at Shahjahanpur (UP). The petitioner, who was posted as SHO/Inspector of Police, at Police Station Puwayan, District Shahajahanpur (U.P.), was a member of the police team, involved in the encounter. The encounter led to the registration of an FIR, namely, Case Crime No. 327 of 1993, at Police Station Puwayan, District Shahjahanpur (UP). The Superintendent of Police, Shahjahanpur, vide his order dated 26.10.1993, awarded a cash award to the entire police team, including the petitioner, for this act of bravery. Thereafter, vide order dated 29.5.1995, the Magistrate concerned accepted the final report.

(3.) THE CBI lodged FIR No. RC-7(5)/98/SIU-XV/CHG, dated 1.8.1998 and proceeded to investigate the matter. A charge-sheet was filed in the Court of Special Judicial Magistrate, CBI, Patiala against the petitioner and his co-accused. The trial Court issued warrants of arrest against the petitioner and his co- accused-Brij Lal Verma, SI. Brij Lal Verma, SI impugned the warrants of arrest, by way of a writ petition, filed before the High Court of Judicature at Allahabad. The said petition was dismissed, vide order dated 9.4.2001. SI Brij Lal Verma thereafter filed a Special Leave Petition before the Hon'ble Supreme Court, which was eventually treated as Criminal Appeal No. 719 of 2001. Vide order dated 16.7.2001, the Hon'ble Supreme Court dismissed the said appeal, with the relief that as warrants had been issued for interrogation, the appellant therein would be interrogated at Delhi and would not be required to go to Punjab for that purpose. It was also ordered that in case, the appellant therein was to be arrested in connection with the death of Harjeet Singh, he would be released on bail on his executing a bond to the satisfaction of the Arresting Officer. The findings, returned by the High Court, with respect to jurisdiction, in its order dated 9.4.2001, were vacated. It was, however, left open for the parties to raise the question of jurisdiction at an appropriate time, if found necessary.