Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22311 of 2018 Petitioner :- Ram Babu Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Surendra Prasad Sharma Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Learned A.G.A. has filed an Affidavit of C.O., Sadar, District Banda through learned A.G.A. and the same is taken on record.
Heard Sri Surendra Prasad Sharma, learned counsel for the petitioner, Sri N.K. Verma, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to transfer the investigation of Case Crime No. 48 of 2017 under Sections 147, 506, 302 and 120-B I.P.C., Police Station Naraini, District Banda.
Learned counsel for the petitioner submits that the petitioner is an accused in the present case and he challenged the F.I.R. of the present case in Writ Petition No. 2970 of 2017 in which arrest has been stayed and other accused has also filed a petition in which arrest was stayed. Co-accused, Anil Babu @ Bara Raju has also filed a Criminal Misc. Writ Petition No. 13339 of 2017 challenging the FIR of this petition which was dismissed on 14.7.2017. It is further stated that petitioner has been implicated due to political rivalry and he has come up for transferring the investigation of the present case.
It has been stated that one of the accused namely Anil Babu @ Bara Raju is still absconding, hence, charge-sheet could not been submitted in the present case. He further states that proceeding under Section 82 Cr.P.C. has been initiated against Anil Babu @ Bara Raju.
After considering the arguments for the parties, we are not inclined to interfere in the present matter, however, we direct the Investigating Officer to conclude the investigation of the present case and also efforts be made to arrest Anil Babu @ Bara Raju, whose petition has already been dismissed, within six weeks and submit police report accordingly.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha,J.) Order Date :- 23.8.2018 A. Mandhani