UP: Allahabad HC gives relief to ex-DGP, others in custodial death case
The high court issued a notice to Dr Sachans wife Malti Sachan for filing her reply in the case.Passing the order, the bench considered CBI counsel Anurag Kumar Singhs argument that the central agency conducted the investigation meticulously and having found that the death of Dr Sachan was suicide, it had rightly submitted closure report twice.
The Allahabad High Court has given a major relief to former Director General of Police Karmveer Singh, ex-ADGP V K Gupta and the then Lucknow jailor Bhim Sen Mukund in connection with custodial death of Dr Y S Sachan in 2011, staying the special CBI court's order summoning them to face trial.
A special CBI court on July 7 issued summons against seven individuals, including Singh, Gupta and Mukund, in connection with the death of Dr Sachan, a former deputy chief medical officer (CMO), to appear before it on August 8.
A Lucknow bench of Justice Ajai Kumar Srivastava (1st) passed the order on the petitions moved individually by Gupta, Singh and Mukund on August 5, which was uploaded on Monday. The high court issued a notice to Dr Sachan's wife Malti Sachan for filing her reply in the case.
Passing the order, the bench considered CBI counsel Anurag Kumar Singh's argument that the central agency conducted the investigation meticulously and having found that the death of Dr Sachan was suicide, it had rightly submitted closure report twice. Dr Sachan was a key accused in an alleged National Rural Health Mission (NRHM) scam, in which crores of rupees were siphoned from funds meant to upgrade health facilities.
The high court also noted that no prosecution sanction was obtained prior to summoning the petitioners as it was necessary because the petitioners were performing their duty in discharge of their official work.
Passing the interim order, the high court specified that the order would apply on the petitioners only as they approached the court.
The special CBI court had issued summons on the plea of Malti Sachan.
The special court had observed that from perusal of the judicial inquiry report, post-mortem report, medical expert opinion as well as statements of witnesses collected during course of investigation by CBI, adequate material was available on record for making the accused persons stand on trial for the offences of murder and hatching conspiracy to eliminate Dr Sachan.
Besides Singh, Gupta and Mukund, the court had also summoned the then IG (Lucknow zone) Subeh Kumar Singh, then Deputy Jailor Sunil Kumar Singh, Pradhan Bandi Rakshak Babu Ram Dubey and Bandi Rakshak Pahindra Singh.
Dr Sachan had died in Lucknow Jail on June 22, 2011 under mysterious circumstances. The FIR with regard to his death was lodged at Gosaiganj police station on June 26, 2011 against unknown persons. The judicial inquiry report prepared on July 11, 2011 declared that the Dr Sachan’s death was a murder. Later, the high court handed over the probe to the CBI on July 14, 2011.
After investigation, the CBI found the death of Dr Sachan as suicide and filed a closure report on September 27, 2012. Sachan's wife Malti challenged the closure report by filing a protest application. The CBI court accepted her protest application and directed the agency to investigate further into the case. However, the CBI again filed a closure report in the case on August 9, 2017. The court on November 19, 2019 rejected the closure report and registered Malti's application as a complaint case.
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