JUDGMENT 1. - By way of instant petition under Section 482 Cr.PC. the petitioner seeks to quash the investigation against him in FIR Case No. 53/86. Police Station GRP Sriganganagar for offences punishable under Sections 302, 307, 224, 333, 353, 120B IPC and Sections 25 and 27 of the Arms Act and Section 120 of the Indian Railways Act. 2. Necessary facts giving rise to this petition are that on 3.6.86 an FIR was lodged at Police Station - Sriganganagar stating inter alia that two under trials namely Gurcharan Singh and Rajendra Singh were taken to Raisinghnagar from Central Jail, Bikaner in connection with the trial in the court of Addl. Chief Judicial Magistrate, Raisinghnagar where the enquiry was pending against them in FIR Case No. 177/86 for offence under Section 307 IPC, Police Station-Anoopgarh. After attending the court, the two accused persons boarded the train along with the escort party comprising of Head Constable-Shivdan Singh, Head Constable-Majid Ali, Constables Jugal Kishore and Pemaram at about 10.30 p.m. on 3.9.86. After few minutes of departure of the train accused Rajendra Singh complained of pain in stomach and expressed desire to ease himself from the natural call. He was taken to the lavatory of the compartment by Head Constable-Shivdan Singh and Constable-Pemaram. Hand-cuffs from his hand were removed. Rajendra Singh, after entering into lavatory bolted it from inside. It is alleged that at that time three unknown persons started indiscriminate firing on the police party resulting in to death of two constables viz. Jugal Kishore and Pema Ram. Both the under trials namely Rajendra Singh and Gurcharan Singh jumped from the running train and escaped. On this information police registered a case for offence under Sections 302, 307, 353, 333, 224, 225, 120-B, 109 and 114 IPC and Section 102 of the Indian Railways Act and Section 25 and 27 of the Arms Act. 3. During investigation police arrested accused Lavleen Singh, Daljeet Kaur, Mahendra Singh, Shrawan Singh and Gurdeep Singh and filed a challan for the aforesaid offences. The case was committed to the designated court at Ajmer. The case was registered as Tada Special Case No. 3/97. The police kept further investigation under Section 173(8) of the Cr.PC. pending against Jagjeet Singh, Kulvinder Singh, lndrajeet Kaur, Gurcharan Singh, Rajendra Singh @ Raji and the petitioner herein Manjeet Singh. The case was committed to the designated court at Ajmer. The case was registered as Tada Special Case No. 3/97. The police kept further investigation under Section 173(8) of the Cr.PC. pending against Jagjeet Singh, Kulvinder Singh, lndrajeet Kaur, Gurcharan Singh, Rajendra Singh @ Raji and the petitioner herein Manjeet Singh. It is alleged that the incident was an outcome of the conspiracy wherein the aforesaid five accused persons were involved. The designated court framed the charges against accused persons Lavleen Singh and others for the aforesaid offences as well as Section 3(2)(ii) of Terrorist & Disruptive Activities (Prevention) Act. The designated court acquitted the accused Daljeet Kaur, Mahendra Singh, Shrawan Singh and Gurdeep Singh by judgment dated 1.8.2001 having held that there was no sufficient evidence to connect them with the alleged crime. However, the accused Lavleen Singh was held guilty for offences under Sections 302, 307, 326/333, 332/324 read with Section 120B IPC and Section 126(2) of the Indian Railways Act and Section 3(2)(i) and Section 3(2)(ii) of Tada(P) Act and awarded a sentence of imprisonment for life. Lavleen Singh preferred an appeal before the Supreme Court which was registered as Criminal Appeal No. 960/2001. The Apex Court has acquitted Lavleen Singh by judgment dated 10.9.2002 from all the charges levelled against him. The Apex Court recorded the finding as follows: "The aforesaid position of the bullet marks clearly belies the story of the prosecution that it is the three passengers, who were travelling in Cabin Nos. 2, 3 and/or 4 came out and started firing at the four constables. It is no doubt true that at least three constables received bullet injuries but then the manner in which the incident is put forth by the prosecution is not borne out from the plan D-2 which shows that bullets were fired from left to right, rather than from right to left as the prosecution wants us to believe. This being so, there is a serious doubt with regard to the manner in which the incident took place and the constables were injured." 4. It is also reported that the other accused persons against whom investigation is pending as conspirators viz. Jagjeet Singh, Kulvinder Singh, Indrajeet Kaur, Gurcharan Singh, Rajendra Singh Raji have died. The net result is, all the five accused persons have been acquitted. The other five accused persons have died. It is also reported that the other accused persons against whom investigation is pending as conspirators viz. Jagjeet Singh, Kulvinder Singh, Indrajeet Kaur, Gurcharan Singh, Rajendra Singh Raji have died. The net result is, all the five accused persons have been acquitted. The other five accused persons have died. The only surviving accused is the petitioner herein Manjeet Singh. As the main accused persons have been acquitted, there are no chances of petitioner being convicted for the charge of conspiracy under Section 120B of the IPC. The incident is of 1986. The petitioner has been living in Canada much prior from the date of incident. He is being harassed as and when he visits India to meet his family members. 5. Considering all facts and circumstances of the case, in my mind, to continue further investigation in the matter which is almost at stale is an abuse of the process of the court. It is in the interest of justice to quash such stale investigation which ultimately is not going to yield anything. 6. Consequently, the petition is allowed. The investigation, as against the petitioner herein Manjeet Singh, in FIR Case No. 53/86, Police Station-GRP Sriganganagar is quashed.Petition allowed. *******