Bhaiya Lal vs State of U.P.& Ors.

Palok Basu J.

This petition under Section 482, Cr. P. C. has been filed under peculiar circumstances.

It is alleged that on 20111977 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.

On 25121977 after completing the investigation a chargesheet was filed with the Cricle Officer Karvi. It is stated that from the Cricle Officer, Karvi chargesheet was sent to the Court and that the chargesheet kept on moving from one court to another and ultimately it is missing. The allegations are that the entire chargesheet as filed, was stealthily removed with the collusion of the court staff. In view of the aforesaid facts and circumstances, it has been prayed that the oppositeparties that is S.H.O. Kotwali, Karvi, District Magistrate, Banda and the Judicial Magistrate, Karvi, District Banda as also the four accused be commanded to produce the chargesheet as filed before the court of the Chief Judicial Magistrate for proceeding according to law for committing the accused to the Court of Session for trial.

On 211986 this application was moved in this Court. A report from the District Judge was called and thereafter a counteraffidavit was also called from the oppositeparties.

The reports of the District Judge as well as that of the Chief Judicial Magistrate indicate that the chargesheet 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 CA2 to CA4'' to the counteraffidavit. It has been further said that the fourth parcha is not available. It has further been averred in the counteraffidavit that the chargesheet 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.

Sri A.P. Tewari has put in appearance on behalf of the accused opposite parties Nos. 6 to 9. He has informed the Court that oppositeparty No. 6 Ram Chandra accused is already dead. He, however, did not propose to file a counteraffidavit inspite of time having been granted to him.

On the aforesaid facts and circumstances, it appears that since the matter had already been investigated and a chargesheet had been filed in the court of law, the matter having been registered under Section 304 and allied sections of Indian Penal Code which appear to be quite serious in nature. Only the formal order of taking cognizance was to be passed by the Magistrate. After copies etc. being given to the accused a committal order was expectedly to be passed for trial of the accused in accordance with law before the court of session. This could not nature because of the absence of the chargesheet from the court of the Chief Judicial Magistrate which is no more traceable.

It appears desirable, therefore, to direct that the prosecution will reconstruct lost parcha and file the chargesheet anew in the court of the Chief Judicial Magistrate at the original number when it was filed after the original investigation. After the chargesheet so filed, it will be open to the Chief Judicial Magistrate, Karvi, Banda to either do the case himself or transfer the same to the judicial Magistrate, Karvi, Banda either of whom will follow the course of law and proceeded accordingly. All this purpose shall be completed within a period of three months from the date a certified copy of this order is furnished in the court of the Chief Judicial Magistrate, Karvi, Banda who will issue necessary orders in that regard. A certified copy shall also be filed with the police station Karvi for necessary action.

With the aforesaid directions this petition is disposed of finally.

Let a certified copy of this order be furnished to the learned Counsel for the parties on payment of usual charges within a week from today.

Disposed finally.