Court No.

- 93

Case :- APPLICATION U/S 482 No. - 30420 of 2023

Applicant :- Dharam Pal Singh And 7 Others

Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ajay Kumar Jagdish,Sunil Kumar
Counsel for Opposite Party :- G.A.,Shyam Surat Shukla

Hon'ble Arun Kumar Singh Deshwal,J.

Heard Sri Sunil Kumar along with Sri Ajay Kumar Jagdish,
learned counsel for the applicants, Sri Arvind Kumar Mishra,
Advocate holding brief of Sri Shyam Surat Shukla, learned
counsel for the opposite party no.2 and Sri Pushpendra Singh
Jadaun, learned AGA for the State.

By the present application under Section 482 Cr.P.C. the applicants

have challenged the order dated 31.07.2023 passed by Chief
Judicial Magistrate, Baghpat by which application of the applicant
to stay the proceeding of the case, on the ground of order dated
25.02.2000 passed by this Court in Criminal Misc Application
No.6647 of 1999, was rejected.

Contention of learned counsel for the applicants is that FIR was

lodged against unknown persons for the murder of Ranveer.
Thereafter the Investigating Officer on the basis of statement of
two persons submitted charge sheet. After submission of aforesaid
charge sheet, an application was moved on behalf of the accused
persons before the State Government for fresh investigation by
CBCID. The State Government vide order dated 08.12.1999
transferred the investigation to CBCID and permission was also
granted by the court concerned to CBCID to conduct investigation.

It is submitted by counsel for the applicants that CBCID after

completion of investigation submitted its report in 2001 to the
State Government that no case is made out against the applicants
and earlier investigation was absolutely faulty and also
recommended that prosecution against the applicants may be
withdrawn under Section 321 Cr.P.C.

Learned counsel for the applicants has also relied upon the letter of
the State Government dated 24th March, 2021 by which the Joint
Secretary, Government of U.P. informed the Director General,
CBCID, Lucknow that after receiving the final report of CBCID,
the State Government has accepted the same and also directed the
 Director General of CBCID to proceed accordingly.

Learned counsel for the applicants also relied upon the report
dated 18.01.2019 of Additional Superintendent of Police, CBCID
Meerut Division, Meerut to Chief Judicial Magistrate, Baghpat in
which it was informed to the court that no offence is made out
against the applicants after investigation.

Further contention of learned counsel for the applicants is that now

matter is pending before the State Government for withdrawal of
prosecution on the basis of investigation of CBCID.

In view of above, Sri Pushpendra Singh Jadaun, learned AGA is

directed to seek instructions in the matter whether the State
Government has taken any decision regarding the withdrawal of
prosecution on the basis of report of CBCID.

Put up this case on 20.09.2023 as fresh before appropriate Bench.

Till the next date of listing, no coercive action shall be taken

against the applicants in Criminal Case No. 2246 of 1999 arising
out of Case Crime No. 161 of 1999 (State vs Dharampal and
another) under Sections 147, 148, 149, 302 IPC, Police Station-
Doghat, District Baghpat.

Order Date :- 6.9.2023

A.Kr.

Digitally signed by :-
AJAY KUMAR
High Court of Judicature at Allahabad