Hon’ble S.S. Kulshrestha, J.—This application under Section 482 of the Code of Criminal Procedure (hereinafter called to be Code) has been brought for quashing the proceedings of complaint Case No. 5969 of 1981 (new number 6039 of 1983/93), Ram Narayan Dixit v. D.P. Singh and six others, under Sections 147, 342, 365, 367, IPC pending in the Court of A.C.J.M.-I, Agra and also for quashing the order dated 10.10.2007 whereby non-bailable warrants were issued against the applicants.

2. It is said that the applicant No. 1 Sri Bal Govind Sonkar was posted in the year 1981 as Sub-Inspector, Firozabad (Dakshin), Agra and applicant No. 2 Sri Vikram Singh was in those days posted as Superintendent of Police (Rural Area) Agra. Sri Ashok Dixit, s/o Sri Ram Narayan Dixit (complainant) is having criminal history of about 60 cases and is the gang member. He was arrested by Police Hariparvat, Agra in a case under the U.P. Anti Social Activities (Prevention) Act (hereinafter called to be the Act) and the applicants had nothing to do with the said arrest. However, in the complaint brought by Sri Ram Narayan Dixit seven police personnels including the applicants had been arraigned as the accused for the offences under Sections 147, 342, 365, 367, IPC with the allegations that on 24.8.1980 they lifted Sri Ashok Dixit for the purpose of killing him in a fake encounter. The complainant at the stage under Section 202 of the Code had examined the witnesses namely S/Sri Darshan Singh Sikarwar, Shiv Shankar @ Bhola, Sewa Ram Sharma, Om Prakash Dubey, Chhavi Ram Sharma, Sevati Lal Sharma, Chhote Lal Tyagi, Ashok Dixit and Chhotey Lal. On the basis of their statements and other materials cognizance of the offences appears to have been taken by the learned Magistrate and the applicants and other persons named in the complaint were summoned. Applicants had put in their appearance and an application was moved on behalf of the applicant No. 2 for exempting his presence from the proceedings. Objections were filed on behalf of the complainant but that application is still lying undisposed of. Apart from other pleas it was contended that though Sri Ashok Dixit was detained by Police Hariparvat and the applicants had nothing to do with it. Alternatively this act was done by the police personnels in the discharge of their official duties and they are squarely protected under Section 197 of the Code. Agreeing with this proposition the learned Magistrate dismissed the complaint for the want of sanction under Section 197 of the Code but the learned Addl. Sessions Judge in criminal revision No. 529 of 1982 vide the order dated 5.8.1983 set aside the order passed by the learned A.C.J.M.-I, Agra holding it to be premature and directed the learned Magistrate to summon the General Diary from the concerned police station so as to make the ascertainment whether such an act of the police personnels was in the discharge of their official duties. Since then the matter is pending for decision including that of the application for exemption moved on behalf of the applicant No. 2. The learned Magistrate though several times issued reminders to Police Firozabad (North) and Police Jaitpur, Agra for furnishing the General Diary of the relevant dates but the same could not be furnished as having been weeded out and the issue of protection under Section 197 of the Code remained undecided. The General Diary of Police Station Hariparvat, Agra was not summoned though the detention under the Act pertained to that police station. Not only this the learned Magistrate rushed up to issue non-bailable warrants against the applicants. It is also said that Sri Ram Narayan Dixit expired in the year 2003 and so the proceedings ought to have been dismissed as abated.

3. Before proceeding to make the disposal of this case it may be mentioned that a period of 26 years has already elapsed and the matter is still hanging for the determination of the issues as to whether the proceedings of compla