Hon'ble Yogendra Kumar Sangal,J.
This writ petition has been filed seeking command to the opposite parties to transfer the matter from local police to any independent agency like C.B. CID etc mainly on the ground that the I.O. of the case Shri Ram Niwas is himself is an accused in case crime no. 730 of 2009 under Sections 342 and 427 IPC filed at the same police station from the side of the petitioner.
The FIR in question is under Sections 302, 307, 34 and 102B IPC and Section 7 of the Criminal Law Amendment Act in case crime no. 711 of 2009.
From the other side, learned AGA points out that earlier a writ petition was filed which has been decided with an observation that it is the prerogative of the State Government to see that in each and every case investigation is done fairly, impartially and independently. However the petition was finally disposed of with a direction to the Director General of Police, U.P. at Lucknow to dispose of the representation (Annexure No. 15)of that writ petition and it has been dispoed of and rejected on 29.12.2009 (Annexure No.
5). But the learned counsle for the petitioner says that the Director General of Police has disposed of another representation wherein the factum of I.O. being an accused was not mentioned.
In view of the above, it is expedient to have counter affidavit in this case, specifically dealing with various allegations made in the writ petition. Let the same be filed within seven days. Rejoinder affidavit, if any, may be filed before the date fixed.
List on 8th February, 2010.
Order Date :- 27.1.2010 Kaushal