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Allahabad High Court · body

2013 DIGILAW 812 (ALL)

REENA v. STATE OF U. P.

2013-03-14

ANIL KUMAR AGARWAL, RAVINDRA SINGH

body2013
JUDGMENT By the Court.—Heard Sri Pawan Kishore, Sri Piyush Srivastava, learned counsel for the petitioner, learned A.G.A. for the State of U.P. and Sri Nisheeth Yadav and Sri Shiv Sagar Singh, learned counsel for Ankur Yadav son of Sri Ramesh Chandra Yadav. The Criminal Misc. impleadment application No. 61180 of 2013 has been moved on behalf of Ankur Yadav with a prayer that he may be impleaded as respondent No. 5 for the purpose of hearing the arguments. 2. Learned counsel for the petitioner is permitted to implead Ankur yadav as respondent No. 5. This petition has been filed by the petitioner with a prayer that : (a) issue a writ order or direction in the nature of certiorari quashing the impugned order dated 6.2.2013 passed by the respondent No. 2 Deputy Secretary, U.P. Government, Lucknow transferring the investigation to CBCID from the local police (Annexure No. 2 to the writ petition). (b) issue a writ order or direction in the nature of mandamus commanding the respondents to get the investigation of Case Crime No. 686 of 2012 under Sections 307 and 302 IPC registered in Police Station Civil Lines, District Meerut be continued and concluded by the local police. (c) issue any other suitable direction which this Hon’ble Court may deem fit and proper in the circumstances of the case. 3. The facts in brief of this case are that an FIR of case crime No. 686 of 2012 has been lodged by Sonu son of Ramesh Chandra Sharma on 17.12.2012 at 3.10 a.m. in respect of incident allegedly occurred on 16.12.2012 at about 11.15 p.m. to 1.10 a.m. on 17.12.2012 in which Ankur Yadav, respondent No. 5 is named as accused, the names of his three companions were not known. It is alleged that the first informant Sonu along with Pranjal Singh, Bablu Jain and Arvind Kumar boarding in a Maruti Alto Car No. U.P. 15-AY-0661 were going from Meerut to Masoori on way they got the petrol from the petrol pump of Saket and they were waiting for the arrival of their friends Vikas Rana, Rajesh Nigam, Vikki Tyagi alias Varaun Tyagi and Jaspal Singh Chahal, near the petrol pump, one Scorpio car No. U.P. 16-R/1796 was already parked in front of a newly constructed house, all of sudden, its driver drove the Scorpio vehicle and hit the Maruti Alto, from its back side,consequently, the Maruti Alto car was damaged, its protest was made by Bablu Jain and another, thereafter the driver of the Scorpio car hurled the abuses and started quarrelling with them he called his three associates on a phone call, all the three unknown miscreants made query as to how the quarrel has taken place. Thereafter, at the instance of the accused Ankur, all the three accused persons dragged Bablu Jain and Pranjal Singh and they were fallen on the road thereafter they caused injuries to Bablu Jain and Pranjal Singh by using knives. The first informant came in their rescue, he was also beaten by them, In the said incident Pranjal Singh and Bablu sustained serious injuries, they were taken to Anand Hospital, where Pranjal Singh succumbed to his injuries at 1.10. a.m. on 17.12.2012 and the injured Bablu Jain was shifted to I.C.U. The investigation of the above mentioned case was in the hand of the Civil Police, Meerut, during investigation, the name of three associates of the accused Ankur, came to light as Tillu, Pankaj and Monu. All the four accused persons have been arrested, but during the pendency of the investigation an application was moved by Ramesh Chandra Yadav, the father of the accused Ankur, for transferring the investigation of the above mentioned case from Civil Police to CBCID, on that application the Government has transferred the investigation of above mentioned case from Civil Police to CBCID, its communication was made by the ‘Anu Sachiv Government of U.P. to the Additional Director of Police CBCID, U.P. Lucknow by letter dated 6.2.2013. The letter dated 6.2.2013 is hereby challenged by way of filing the present writ petition. 4. The letter dated 6.2.2013 is hereby challenged by way of filing the present writ petition. 4. It is contended by the learned counsel for the petitioner that for transferring of the investigation from Civil Police to other investigating agency, Sri Ramesh Chandra Yadav, father of the accused Ankur Yadav, has already been filed a writ petition before this Court, but the same was dismissed on 24.1.2013 in Criminal Misc. Writ Petition No. 891 of 2013. In the present case guidelines issued by the Chief Secretary, U.P. Government, Lucknow vide letter dated 5.9.1995 have not been followed. In the letter dated 5.9.1995 only four conditions have been mentioned in which the investigation may be transferred to CBCID which are given as under : ^^1- vijk/k dh izÑfr bruh tfVy vkSj isaphnxh ls Hkjh gks fd LFkkuh; iqfyl ds Lrj ij mldh lgh izdkj ls foospuk fd;k tkuk laHko u gksA 2- vijk/k vUrjkZ"Vªh;] jkT; ;k izns’kO;kih ;k vUrj&e.Myh@ifj{ks=h; gksA 3- LFkkuh; ifjfLFkfr;kW ,slh gks fd ftuds dkj.k LFkkuh; iqfyl }kjk fdlh ekeys esa fu"i{k :i ls tkWp djuk eqf’dy gksA 4- ,slh ifjfLFkfr;kW mRiUu gks x;h gks fd tu&lkekU ds fnekx esa fdlh ekeys dh foospuk dks ysdj LFkkuh; iqfyl dh fu"i{krk ij iz’u fpUg yx x;k gksA^^ 5. In the present case the investigation has been transferred to Civil Police on the application moved by the father of the accused, which shows that it has been transferred at the instance of the accused, which is not proper, even in the order dated 6.2.2013 no reason of transferring the investigation from Civil Police to CBCID has been given. The impugned order/letter transferring the investigation has been issued in an arbitrary manner without following the guidelines issued by the Chief Secretary of the State Government, in such circumstances, the impugned order transferring the investigating to CBCID may be quashed. 6. In reply to the above contention it is submitted by the learned A.G.A., Sri Nisheeth Yadav and Sri Shiv Sagar Singh that the State is under obligation to ensure the fair investigation. The civil police as well as the CBCID are working under the State Government. The CBCID is a specialised branch of investigation, the State Government has not committed any error in transferring the investigation to CBCID to ensure fair and proper investigation. The civil police as well as the CBCID are working under the State Government. The CBCID is a specialised branch of investigation, the State Government has not committed any error in transferring the investigation to CBCID to ensure fair and proper investigation. The investigation can be transferred to another agency at the instance of the accused also, in support of this submission the case of Babu Bhai v. State of Gujrat and another, 2011(1) SCC (Criminal) 336, as been cited. It is submitted that the impugned order is not suffering from any illegality or irregularity because the impugned order has been passed in pursuance of the decision taken by the State Government to transfer the investigation to CBCID. The present petition is devoid of merits, the same may be dismissed. 7. Considering the facts, circumstances of the case and submissions made by the learned counsel for the petitioner, the learned A.G.A., Sri Nisheeth Yadav and Sri Shiv Sagar Singh, appearing on behalf of respondent No. 5, and from the perusal of the record it appears that it is a case in which one person has been shot dead and one person sustained injuries, in an incident allegedly occurred in the ‘city area’ of Meerut in which one accused Ankur Yadav is named and three accused were unknown, during investigation the name of unknown miscreants were also disclosed and four accused persons have been sent to Jail. The State Government has taken decision to transfer the investigation of this case from Civil Police to CBCID on the application moved by Ramesh Chand Yadav, who is father of the accused Ankur Yadav, the settled position of law is that the investigation of a criminal case may not be done at the choice of the accused, in the present case no reasons has been shown to transfer the investigation from Civil Police to CBCID, even the guidelines framed by the State Government itself have not been followed in transferring the investigation of this case to CBCID. The Chief Secretary of U.P. Government has already issued guidelines vide letter dated 5.9.1995 in which four conditions have been mentioned for transferring the investigation from the local police to CBCID. In the present case none of the four conditions is applicable, which shows that without any proper reason the investigation of a very serious case has been transferred from local police to CBCID. In the present case none of the four conditions is applicable, which shows that without any proper reason the investigation of a very serious case has been transferred from local police to CBCID. The impugned order dated 6.2.2013 sent by Sri Sant Ram Prajapati to the Additional Director of Police to CBCID Lucknow is illegal. The order requires interference by this Court. Therefore, the impugned order dated 6.2.2013 is hereby quashed. It is directed that the investigation of the above mentioned case, shall be completed by the I.O. of the Civil Police. The S.S.P. Meerut is directed to ensure that the investigation of the above mentioned case be completed expeditiously by the I.O of the Civil Police, in case the documents of the case are in the hands of I.O. of CBCID the same be handed over to the I.O. of Civil Police forthwith. Accordingly this petition is allowed. ——————