JUDGMENT : 1. Smt. Munni Devi - petitioner has averred in this petition under Article 32 of the Constitution of India that Gopal S/o the petitioner and his maternal uncle Suresh were illegally taken away by the Meerut Police from the house of Suresh at Kasganj. It is further stated that the petitioner and her family members apprehended liquidation of Gopal by the police in farzi encounter. The telegram etc. to that effect were sent to various authorities including Hon'ble the Chief Justice of India. Finally on February 27, 1994 Suresh was let off by the Police. The petitioner further stated that Gopal was taken to Mal road Police Station, Lalkurti near Military area, where he was killed by respondents 2 to 5 by gun firing on the night of February 26, 1994. 2. This Court after preliminary orders on May 8, 1995 directed the District Judge, Meerut to hold enquiry into this matter by the following order: "The State counsel has produced extracts of General Diary as directed by us on 21.4.95. We have gone through it. We have also heard learned counsel for parties. We are of the opinion that before we pass any order it would be appropriate to get an enquiry done by a Judicial Officer. We, therefore, request the District Judge, Meerut, to make an enquiry in the incident and submit a report within 3 months from the date a copy of the order is produced. The District Judge shall be entitled to record evidence, summon witnesses and act as an enquiry officer on behalf of the Court. List the matter after report is received." 3. Mr. Dev Kant Trivedi, District and Sessions Judge, Meerut has sent his enquiry report dated December 14, 1995. The operative part of the report is as under : "From the evidence on record and all attending circumstances, I reach the conclusion that theory of the loot of the scooter by Gopal Maheshwari and his subsequent encounter was fabricated by the police in collusion with Krishna Pal Singh. In view of the evidence and totality of circumstances, it further stands, prima-facie, established that the theory of encounter of Gopal Maheshwari, as propounded by the police, is false and Gopal Maheshwari, deceased, was killed in the night of 26H27th February, 1994 by the Respondents Nos. In view of the evidence and totality of circumstances, it further stands, prima-facie, established that the theory of encounter of Gopal Maheshwari, as propounded by the police, is false and Gopal Maheshwari, deceased, was killed in the night of 26H27th February, 1994 by the Respondents Nos. 2 to 5, Sub Inspector Mahesh Singh and their other companions while Gopal Maheshwari was in the custody of Sub Inspector Avinash Misra, Senior Sub-Inspector Sanjay Sirohi, Sub Inspector Mahesh Singh and Constable Chander Pal Singh who had brought him from Kasganj in the night of 24/25th February, 1994. It is also established that the identity of Gopal Maheshwari was well known to Respondents No. 2 to 5 and Constable Chander Pal Singh and also to Inspector Ram Ker Singh, Investigating Officer of Crime Nos. 82/83 of 1994 and they deliberately did not disclose the identity of deceased Gopal Maheshwari to Sri Prabhat Kumar Sharma, City Magistrate, Meerut, who prepared Panchayatnama of the dead body and that the dead body of Gopal Maheshwari was deliberately cremated as unclaimed. Photostat copies of the case diaries of some of the criminal cases, the details of which have been referred to above, are being enclosed for ready reference. Report enclosed for ready reference. Report is submitted for kind perusal of the Hon'ble Court in compliance with the orders dated 8th May, 1995." 4. We are of the view that it would be in the interest of justice to withdraw the investigation of this case from the Crime Branch (C.I.D.), U.P. and entrust the same to the C.B.I. We are conscious of the fact that this Court - of recently - has been burdening the file of C.B.I. in various cases, but in order to do justice in a case and to instill confidence in the public mind, it is necessary to do so. However, in various reports, which are being submitted by the CBI to this Court, extension of time is sought on the ground that the CBI is burdened with too much of work with comparatively less staff. We are of the view that keeping in view the heavy file of CBI, it would be in the interest of justice that Government of India should consider enlarging the investigating cadres of the C.B.I. so that this Court and the countrymen can get proper assistance from the most prestigious investigating agency in the country. 5. We are of the view that keeping in view the heavy file of CBI, it would be in the interest of justice that Government of India should consider enlarging the investigating cadres of the C.B.I. so that this Court and the countrymen can get proper assistance from the most prestigious investigating agency in the country. 5. We direct that non-bailable warrants be issued to arrest Shri Avinash Mishra, Sub-Inspector, S.O. (respondent 2), SHRI Sham Lal-Kashyap, Sub-Inspector, (respondent 3), Shri Om Pal Singh, Inspector of Police (respondent 4), Shri Sanjay Sirohi, Sr. Sub-Inspector (respondent 5), Shri Mahesh Singh, Sub-Inspector, Constable Chander Pal Singh, Inspector Ram Ker Singh and Krishan Pal Singh against whom prima facie case has been found by the District and Sessions Judge, Meerut (Inquiry Officer). The warrants shall be executed by the CBI. The CBI shall register the case against the above-mentioned officers in accordance with law and investigate the same. The CBI shall take appropriate action against other officers/persons who are found involved in the crime during the investigation. It will be open to the CBI to seek further directions from this Court in this matter. The U.P. Police and the U.P. Government shall render all assistance to CBI in the investigation of this case. 6. Copies of the report of District and Sessions Judge be sent to the CBI (by tomorrow), State Government, Secretary, Home Department, U.P and also to D.G., U.P. Police. Our order be communicated to CBI by 5.00 p.m. today. We are of the view that this is an appropriate case where the State of UP be asked to pay interim compensation to the petitioner Smt. Munni Devi, mother of the deceased. We direct the State of U.P. through Secretary, Home Department, Lucknow to pay a sum of Rs. 5 lacs to Smt. Munni Devi as compensation within two months from the receipt of this order. 7. It will be open to the officers concerned to have a copy of the report in accordance with the rules from the Registry of this Court, if they so desire. 8. List this Writ Petition for directions on 15.1.96.