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Judgment
Servesh Kumar Gupta, J.—By way of this Criminal Misc. application, the powers of this Court have been sought to be invoked for quashing the chargesheet No. 1(B)/1999 dated 27.10.2005 and the order of cognizance thereupon dated 09.11.2005 passed by learned Chief Judicial Magistrate, Gopeshwar District Chamoli.
Respondent No. 2 Nandan Singh has been served sufficiently but none turned up on behalf of the Respondent No. 2 (private party) to argue the matter, so this Court has given hearing to the learned Counsel for the applicant as well as to learned Brief holder for the State/Respondent No. 1.
It appears that Nandan Singh lodged an FIR on 12.12.1999 at the police station Gopeshwar District Chamoli against Sub Inspector Rana and 5-6 constables, stating that Sri Rana alongwith his companion constables came to his house. They nabbed him alongwith his father and while they were carrying him and his father to Police Station, the police personnel pushed his father into the river from the bridge. Sri Nandan Singh sent his complaint to the Government and prayed for registration of the case against Sub Inspector Rana and unnamed 5-6 constables.
The investigation was made and chargesheet was submitted against Sunil Kumar, Gulshan Kumar, Mukesh Kumar and Manoj Tarar (all constables posted at Gopeshwar District Chamoli) for the offence of Sections 304-A, 342, 504, 506 Indian Penal Code, 3(1)(10) and 3(1)(12) of the SC/ST Act. This chargesheet was submitted on 15.01.2000. After submission of the chargesheet, the body of the deceased Sri Bachan Singh (father of Sri Nandan Singh) was recovered from the river. The said body was disintegrated, as found in the postmortem.
On 29.01.2000, the Government issued the directions for fresh investigation in the matter by CBCID, that was done and the CBCID submitted the chargesheet against Jagdamba Prasad Maithani, Rakesh Rana and Vinay Kumar Rana for the offence of Sections 302, 147, 342, 323, 504, 506, 193, 196, 201, 217 and 218 Indian Penal Code. Chargesheet was also submitted against Sri Chandi Prasad Thapliyal, Circle Officer of the police (an officer of the Deputy S.P. rank) for the offence under Sections 193, 196, 217, 218, 342, 201, 120-B Indian Penal Code.
It is pertinent to mention here that this Circle Officer Sri Thapliyal conducted the investigation initially against constables, but later on, the investigation was transferred to Sri Ajay Rautela, Circle Officer.
After submission of chargesheet and taking cognizance, the case was committed to the court of sessions bearing Sessions Trial Nos. 11/03 and 7/05 respectively. These two trials were conducted by learned Sessions Judge, Chamoli and after recording the evidence of Sri Nandan Singh, his mother and other witnesses, he passed the order of acquittal on dated 11.10.2005 against all the accused persons for the above offences, as aforementioned.
The CBCID, after the trial, as mentioned above, was over and judgment of the acquittal was passed, submitted an additional chargesheet against Petitioner Digamber Prasad for the offence of Sections 302, 323, 504, 506, 201, 120-B Indian Penal Code concerning to the same incident. It is pertinent to mention that Sri Digambar Prasad-Petitioner was the driver of the jeep, which was used by police personnel at the occasion of nabbing Sri Nandan Singh. The evidence in the judgment, as has been discussed by the learned Sessions Judge and the statement of Nandan Singh, as recorded by Sub Divisional Magistrate in the intervening night of 8/9th December, 1999, divulge that Sri Nandan Singh was indulged in the manufacturing of contraband liquor in his house, so he was raided and apprehended by the police. He was thereafter brought to the police station and his father followed him. On persuasion of the police personnel and Sri Nandan Singh, his father was returning to the house. While coming back to the house, this old man Sri Bachan Singh, anyhow fell in the fast flowing river due to stark blindness of the night and breathed his last.
After the aforementioned judgment and order of acquittal dated 11.10.2005 was passed by learned Sessions Judge against both the chargesheets. The CBCID submitted an additional chargesheet on 27.10.2005, whereupon the cognizance on 09.11.2005 has been taken by learned Chief Judicial Magistrate against Petitioner Digamber Prasad.
When this Court, during the pendency of this petition, asked the CBCID to furnish grounds as to on what basis, the chargesheet was submitted, then on behalf of CBCID, a short counter affidavit has been filed by Sri Nakli Singh, Inspector of the Investigating Agency and in para-8 of that affidavit dated 30.09.2010, it has been stated that Petitioner Digamber Prasad was a driver at the police station, Chamoli at the time of questioned incident and as per the FIR as well as the statements of the witnesses, No. specific role was assigned to the present accused.
In view of the above, when all other accused persons aforenamed mentioned in the two chargesheets, facing allegations of specific role in the incident, have been acquitted on merits, then this Petitioner, to whom No. specific role has been assigned, as admitted by investigating agency itself, No. criminal liability can be attributed against him. So this chargesheet lacks any merit and is liable to be quashed.
In view of the above, this Criminal Misc. application is allowed. The impugned chargesheet dated 27.10.2005 and cognizance order passed thereupon dated 09.11.2005 are quashed.