Hon'ble Rajeev Singh,J.
Heard Shri Indrajeet Shukla, learned counsel for the petitioner and Shri Anurag Verma, learned AGA for the State.
Learned counsel for the petitioner submitted that the petitioner, who is the complainant in the Case Crime no. 66 of 2020, had earlier approached this Court and filed a writ petition no.9379 of 2020; Ajay Kumar Singh @ Bablu vs. State of U.P. & Ors. for fair investigation in which this Court passed the following order:-
?Heard Sri Indrajeet Shukla, learned counsel for the petitioner, Shri Alok Sharan, learned AGA for the State and perused the First Information Report and the material on record.
The present writ petition has been filed by the petitioner seeking mandamus directing respondent nos.2 to 4 to ensure fair and proper investigation of the First Information Report of Case Crime No.66 of 2020, under sections 302, 307, 147, 148, 149, 504, 506 I.P.C. and Section 7 of Criminal Law (Amendment) Act, Police Station Umari Begumganj, District Gonda with a further prayer to stay the arrest during the pendency of the investigation of the said case.
It has been argued by learned counsel for the petitioner that the petitioner has lodged the impugned FIR again nine named persons and three or four unknown persons. It is further informed that the nine accused persons have already been arrested. However, the persons whose licensed weapons were used are still at large.
Learned A.G.A. could not dispute the aforesaid fact as argued by learned counsel for the petitioner.
Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we direct the Investigating Officer of the present case to conclude the investigation of the present case and submit a police report before the Magistrate concerned expeditiously preferably within a period of six weeks from the date of production of a certified copy of this order in accordance with law.
The S.P. Gonda shall ensure the compliance of present order within the aforesaid period.
With the aforesaid order, the present petition stands disposed of.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. ?
It transpires from the record that on 29.06.2020 the State Government had passed an order on an application moved by the applicant dated 27.05.2020 and Smt. Shael Kumari Singh (wife of Ashok Singh), who moved an application on 20.06.2020 and on the report of the Superintendent of Police, Gonda on 16.06.2020 the investigation of Case Crime no.104 of 2020 under Sections 147/148/149/307 IPC and Section 7 of Criminal Law (Amendment) Act, Police Station Umari Begumganj, District Gonda and Case Crime no. 66 of 2020 under Sections 147/148/149/323/504/506/302/307 IPC and Section 7 of Criminal Law (Amendment) Act, Police Station Umari Begumganj, District Gonda was transferred for fair investigation to CBCID. A copy of the same has been annexed as Annexure no.16 to the writ petition.
On a pointed query being made on the learned counsel for the petitioner as to why, when order dated 14.12.2020 was passed by this Court, the aforesaid fact was not brought to the knowledge of the Court, he stated that he had no knowledge of the same at that point of time. He submitted that on 16.12.2020 a letter was sent to Director General of Police, CBCID- respondent no.2 by respondent no.24, who is a local MLA, on the application dated 16.12.2020 moved by grand-father of one of the co-accused, namely, Ranchood Singh (respondent no.25). The respondent no.2- Director General of Police, CBCID transferred the investigation from Gorakhpur to Lucknow of the two cases by the impugned order.
He submitted that two persons have lost their lives in the present case from the side of petitioner and the accused in the present case was arrested and sent to jail and thereafter was released from jail. After their release from jail Case Crime No.104 of 2020 was registered against the petitioner and others. The FIR of the said case was challenged before this Court in writ petition no.8342 of 2020; Ajay Kumar Singh @ Babloo Singh and ors. vs. State of U.P. & Ors. The petition was disposed of by this Court vide order dated 09.06.2020 with a direction not to arrest the petitioners. Copy of the same is annexed as Annexure no.15 to the writ petition.
He vehemently submitted that interference in the investigation of a criminal case at the behest of a political person, i.e. respondent no.24, cannot be justified.
When the learned AGA was called upon to justify the impugned order, he prayed that he may be allowed time to file counter affidavit in the matter.
Learned A.G.A. has accepted notice on behalf of the opposite party nos. 1 to 6.
Issue notice to respondent nos.24 and 25 at this stage. Steps be taken within ten days.
In view of the above, learned AGA is allowed two weeks? time to file counter affidavit.
Rejoinder affidavit, if any, may also be filed within one week thereafter.
List on 15.02.2021.
Till the next date of listing, execution and operation of the impugned order dated 06.01.2021 shall remain stayed.
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(Rajeev Singh, J.) (Ramesh Sinha, J.) Order Date :- 27.1.2021 Arnima