P.G. Agarwal, J.

1. Heard Mr. M.Z. Ahmed, the learned Counsel for the Petitioner and the learned P.P.

2. This is an application under Section 397 / 401 read with Section 482 Code of Criminal Procedure, for quashing of the charge sheet/proceeding in Sessions Case No. 7/99 pending in the Court of Sessions Judge, Golaghat arising out of Golaghat P.S. Case No. 140/97 (G.R. Case No. 350/97).

3. The Petitioner before us Sri Raghvendra Awasthi was the Superintendent of Police at Golaghat at the relevant time and the matter relates to alleged custodial death of one Jyoti Lohar some time in the month of October, 1995. The matter was brought to the notice of this Court by filing a Civil Rule. Thereafter, an enquiry was conducted by the District and Sessions Judge, Golaghat and a direction was issued by this Court to O/C, Golaghat P.S. to register a case and investigate the matter. Golaghat P.S. Case No. 140/97 was registered and after investigation police submitted charge sheet against as many as 13 accused persons including the Petitioner Under Section 120(B) / 365 / 343 /325 / 302 / 201 IPC. The broad allegation is that Jyoti Lohar was picked up by police under the alleged direction o