Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 9289 of 2018 Petitioner :- Rajeev Tyagi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sudhir Mehrotra Counsel for Respondent :- G.A.,Akhilesh Srivastava,Imran Ullah,Saksham Srivastava
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Sudhir Mehrotra, learned counsel for the petitioner, Sri Saksham Srivastava, learned counsel for the Cavator, Sri Sahwal Kumar Yadav, Advocate holding brief of Sri Imran Ullah, learned counsel for the private respondent no.5 and Sri Amrit Raj Chaurasia, learned A.G.A. for the State.
This petition has been filed by the petitioner with a prayer to quash the impugned order dated 02.04.2018 communicated by Sri Vinay Shanker Pandey, Under Secretary to State of U.P., Lucknow and a further prayer is made to issue a dirction to the respondents to direct the Sector Officer, CB CID, Meerut to investigate the case Crime No. 202 of 2016, P.S. Syana, District-Bulandshahar.
Pleadings between the parties have been exchanged and it has been argued by the counsel for the petitioner that the petitioner was the informant of the case and his brother was murdered. The matter was investigated by the Local Police but thereafter, at the instance of the informant the matter was entrusted for investigation to C.B.C.I.D. but the same has been further transferred to crime branch after three months in pursuance of the impugned order. He further states that the investigation of the case, which was transferred for investigation, at the instance of the accused, is not appealable one because of the settled law in the case of CBI vs. Rajesh Gandhi, 1996 11 SCC 253.
Learned counsel for the private respondent nos. 5 and 6 have stated that at the instance of the petitioner the investigation was transferred to two investigating agencies and after the lie detector test, the respondent no. 5 and 6 were exonerated. He further states that the participation of the said accused respondents were found to be false, hence they have been exonerated on the plea of alibi.
Considering the facts and circumstances of the present case, the transfer of the investigation to the Crime Branch from C.B.C.I.D., at the instance of the accused, does not appear to be reasonable one in view of the law laid down by the Apex Court. He further submitted that the Investigation done by the Investigating Officer, who was instrumental in exonerating the accused respondent no.6, was a biased one.
In view of the same, we quash the impugned order and direct the matter to be investigated by the C.B.C.I.D. as was being investigated and the Investigating Officer of the C.B.C.I.D. shall conclude the investigation within 8 weeks from the date of production of certified copy of this order before competent court.
This writ petition is, accordingly, disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 12.9.2018 JK Yadav