Hon'ble Yogendra Kumar Sangal,J.
Heard learned counsel for the petitioner and the learned Additional Government Advocate, who has accepted notices on behalf of opposite parties.
Under challenge in this writ petition is an order dated 26.08.2009 said to have been passed by opposite party no. 1 by means of which investigation of case crime no. 176 of 2009, under Sections 34/302/307/504/506/120-B IPC, police station Banthara, district Lucknow has been transferred from local police to CB CID.
Argument advanced by the learned counsel for the petitioner is that the said investigation has been transferred on the application having been moved by one Smt. Sita Verma, wife of Satish one of the accused of the said crime number, and on the intervention of one Sri Pashupati Nath Ram, MLA. Next argument advanced is that the investigation cannot be transferred at the behest of an accused and on the dictum of an MLA.
There seems some substance in the argument advanced by the learned counsel for the petitioner.
Let counter affidavit be filed by the respective opposite parties within six weeks annexing therewith copy of order dated 26.08.2009, transferring investigation of case crime no. 176 of 2009, under Sections 34/302/307/504/506/120-B IPC, police station Banthara, district Lucknow and indicating therein that how and under what circumstances the same has been transferred on political intervention and on the application so moved at the behest of an accused as alleged in the petition. Rejoinder affidavit, if any, may be filed within next two weeks.
List this petition after expiry of the said period.
It is hereby directed that operation and implementation of order dated 26.08.2009, transferring investigation of case crime no. 176 of 2009, under Sections 34/302/307/504/506/120-B IPC, police station Banthara, district Lucknow from local police to CB CID shall remain stayed and the investigation of the said case shall be conducted by the local police till further orders of this Court.
Order Date :- 13.1.2010 Chauhan/-