Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 13896 of 2018 Petitioner :- Shailja Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Rahul Srivastava,Aishwarya Krishna Counsel for Respondent :- G.A.,Pradeep Kumar Rai,Subhash Chandra Yadav
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Aishwarya Krishna, learned counsel for the petitioner, Sri Pradeep Kumar Rai, learned counsel for the private respondent no.6, Sri Amrit Raj Chaurasia, learned A.G.A. for the State and perused the material brought on record.
This petition has been filed by the petitioner with a prayer to stay the effect and operation of the impugned orders dated 21.4.2018, 17.4.2018 and 16.4.2018 passed by the S.P. (Crime), S.S.P., and I.G. Meerut respectively.
Learned counsel for the petitioner submits that there appears to be a matrimonial dispute between the parties and the petitioner happens to be a wife of private respondent no.6. In the present case, the investigation of the case has been transferred at the instance of the accused to Crime Branch by the impugned order. He further states that the investigation of the case which has been transferred, 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 opposed and submitted that there is a matrimonial dispute and F.I.R. was registered under sections 323, 324, 326, 352, 506 IPC but during the course of investigation police submitted a report under section 307 IPC also, for which no offence is made out. Hence the matter be investigated in pursuance of the impugned order by the Crime Branch.
Considering the facts and circumstances of the case, as it appears from the record that the petitioner has challenged the impugned charge-sheet which was dismissed by this court in application u/s 482 Cr.P.C. and further he moved an S.L.P. against the said order, which was also dismissed. It is further stated that the NBW was issued against the respondent by the trial court against which he has preferred an application u/s 482 Cr.P.C, which was dismissed as withdrawn by this court. Taking into account the conduct of the petitioner who has not yet appeared before the trial court and obtained bail and got the investigation of the case transferred to crime branch, thus the said order cannot be justified, hence the same is set aside.
Let the matter be proceeded in accordance with the police report submitted earlier.
The writ petition is, accordingly, disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 12.9.2018 JK Yadav