Allahabad High Court stays summons against four including former DGP in Dy CMO's custodial death case

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Synopsis

Dr. Sachan was found dead inside the jail toilet, a day before he was scheduled to appear in court in connection with the embezzlement of the National Rural Health Mission funds case.

The Allahabad High Court has stayed the summons issued by the CBI court against four in connection with the custodial death of the then deputy Chief Medical Office (CMO) Dr. Yogendra Singh Sachan in 2011.

Former Director General of Police (DGP) Karmveer Singh, ex-Additional DGP V.K. Gupta, then Inspector General, Lucknow zone, Subesh Kumar Singh and then Lucknow District Jail jailor Bhim Sain Mukund have been granted the relief by the bench of Justice Ajai Kumar Srivastava.

The Special Judicial Magistrate, CBI court Lucknow passed order on July 7, 2022 summoning a total of seven persons to face trial. The above four accused persons were to be tried for the offences under Sections 302 & 120-B of the Indian Penal Code. 

Dr. Sachan, the deceased, was arrested in connection with the embezzlement of National Rural Health Mission funds between 2007 and 2012. The alleged financial irregularities surfaced during police investigations into the murders of two chief medical officers (CMO) – Dr. Vinod Kumar Arya and Dr BP Singh, killed in broad daylight in Lucknow.

Allegedly, thousands of crores of rupees were siphoned off which were disbursed to states to provide accessible, affordable, and quality healthcare to the rural population.

Dr. Sachan was lodged in Lucknow district jail where on June 22, 2011, jail staff recovered his body inside the toilet. The body was found a day before he was scheduled to appear in court in connection with the embezzlement case. 

The matter was investigated by the Central Bureau of Investigation (CBI) which found the death as suicide and submitted a closure report in 2012. 

However, on a protest petition preferred by Dr. Sachan's wife, a year later, the Magistrate court rejected the closure report filed by the CBI and directed D.I.G., C.B.I., SC III, New Delhi for further investigation of the matter. 

After subsequent further investigation, again a closure report was filed in 2017 finding Dr. Sachan's death to be suicidal. Thereafter, again his wife preferred a protest application before the CBI Court which rejected the second closure report in November 2019 and summoned the accused persons for Trial via an order dated July 7, 2022. 

Against the two orders of the CBI court, the above four accused persons moved the High Court. 

Case Title: Subesh Kumar Singh v. State Of U.P and Ors and 3 other connected matters