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2015 DIGILAW 502 (ALL)

JANAKI DEVI v. STATE OF U. P.

2015-03-19

RAGHVENDRA KUMAR, RAVINDRA SINGH

body2015
JUDGMENT By the Court.—Heard learned counsel for the petitioner, learned A.G.A. for the State of U.P. and counsel for respondent No. 6. The petitioner Smt. Janaki Devi has filed this petition with a prayer to quash the order dated 11.6.2013 passed by the respondent No. 2 Deputy Secretary, U.P. Shasan, Lucknow by which the order of further investigation has been passed and the same has been transferred to CBCID and the consequential order including 22.6.2013 passed by Resp. No. 5 Khandadhikari, CBCID Kanpur in case crime No. 266 of 2013 under Section 302 IPC, P.S. Raudhauli, District Basti. 2. The facts in brief of this are that the FIR of this case has been lodged by the petitioner Smt. Janaki Devi on 10.5.2013 in respect of the incident allegedly occurred on 9.5.2013 at P.S. Raudhauli in case crime No. 266 of 2013 under Section 302 IPC alleging therein that her husband has been shot dead by unknown miscreants. Its investigation was done by the civil police and after completing the investigation charge-sheet dated 12.6.2013 was submitted in the Court concerned against accused Raghuveer Singh, Ajay Mishra, Madan Lal, Pinku Singh @ Pradeep Sungh, Gaurish Pandey and Lakshmi Singh, thereafter on an application moved by Smt. Ranju Singh wife of accused Pinku Singh @ Pradeep Singh the order of further investigation transferring it to CBCID has been passed, its communication has been made by respondent NO. 2 Under Secretary vide order dated 11.6.2013 and thereafter the consequential orders have been passed transferring the further investigation to Inspector CBCID, Kanpur. After passing the impugned order transferring the investigation to the CBCID an application was moved in the Court of CJM Basti by the accused Gaurish Pandey and Pradeep Kumar @ Pinku Singh with a prayer not to take the cognizance on the charge-sheet submitted in the above mentioned case and the matter may be sent to further investigation, the same was rejected by the CJM, Basti on 24.6.2013 in criminal case No. 1876 of 2013 and the learned CJM, Basti took the cognizance on the charge-sheet submitted by the I.O. 3. The present writ petition has been filed by Smt. Janaki Devi who is first informant of the above mentioned case with a prayer to quash the order dated 11.6.2013 and consequently orders passed in this regard. The present writ petition has been filed by Smt. Janaki Devi who is first informant of the above mentioned case with a prayer to quash the order dated 11.6.2013 and consequently orders passed in this regard. It is contended by learned counsel for the petitioner that it is a case in which the investigation has been completed by the civil police and after completing the investigation the charge-sheet has been submitted in the Court of learned CJM, Basti but without any proper reason and in a arbitrary manner on the application moved by Smt. Ranju Singh wife of Pinku Singh @ Pradeep Singh the order of further investigation has been passed and the same has been transferred to CBCID. The impugned order has been passed by the State Government against the guidelines issued by the Chief Secretary, State of U.P. and no ground of the further investigation has been shown. It is a case in which no permission has been obtained from the Court concerned also. The impugned order transferring the investigation to CBCID and the consequential orders passed in this regard are illegal, the same may be set aside. 4. In reply of the above contention, it is submitted by learned A.G.A. and learned counsel for respondent No. 6 that the impugned order has been passed on the basis of considering the report of S.P. Basti, it comes under the domain of the State Government to hold the further investigation under Section 173(8) Cr.P.C., to ensure the fair investigation. The fair investigation is right of the accused, victim and the first informant etc. The order of further investigation has been passed prior taking the cognizance. There is no illegality in the impugned order and the consequential orders passed in this regard. The present writ petition is devoid of merits, the same may be dismissed. 5. The fair investigation is right of the accused, victim and the first informant etc. The order of further investigation has been passed prior taking the cognizance. There is no illegality in the impugned order and the consequential orders passed in this regard. The present writ petition is devoid of merits, the same may be dismissed. 5. Considering the submissions made by learned counsel for the petitioner, learned A.G.A. for the State of U.P., learned counsel for respondent No. 6 and from the perusal of the material available on record it reveals that in the present case the FIR has been lodged by the petitioner, in the FIR the accused persons are not named, its investigation has been completed by the civil police, after completing the investigation the charge-sheet dated 12.6.2013 has been submitted by the I.O. against six accused persons namely Raghuveer Singh, Ajay Mishra, Madan Lal, Pinku Singh @ Pradeep Singh, Gaurish Pandey and Lakshmi Singh but prior to the charge-sheet dated 12.6.2013 the order of the further investigation dated 11.6.2013 has been passed, in pursuant to the order dated 11.6.2013 an application dated 24.6.2013 was moved by the accused Gaurish Pandey and Pradeep Kumar @ Pinku Singh with a prayer not to take the cognizance on the charge-sheet submitted by the I.O. and the same may be transferred to further investigation, but learned CJM, Basti rejected such application on 24.6.2013 and took the cognizance on charge-sheet submitted by the I.O. The order of the further investigation has been passed by the State Government on the application moved by Smt. Ranju Singh wife of the accused Pinku Singh @ Pradeep Singh. Its communication has been made by Under Secretary on 11.6.2013 transferring the further investigation of case crime No. 266 of 2013, P.S. Raudhauli, District Basti to CBCID mentioning therein that the decision has been taken after considering the report of the S.P. Basti for transferring the investigation to CBCID. In the present case the order of further investigation has been passed on an application moved by wife of an accused and no reason has been shown transferring the investigation to CBCID. The impugned order transferring the investigation to CBCID has been passed ignoring the guidelines issued by the Chief Secretary, State of U.P dated 5.9.1995 in which only four following conditions have been mentioned to transfer the investigation to CBCID; 1. The impugned order transferring the investigation to CBCID has been passed ignoring the guidelines issued by the Chief Secretary, State of U.P dated 5.9.1995 in which only four following conditions have been mentioned to transfer the investigation to CBCID; 1. Apradh ki prakit itni jatil aur pechidagi se bhari ho ki sthaniya police ke star par uski sahi prakar se vivechana kiya jana sambhav na ho. 2. Apradh antarashtriya, rajya ya pradeshvyapi ya anter-mandaliya/parichhetriya ho. 3. Sthaniya paristhiya yesi ho ki jinke karan sthaniya police dwara kisi mamle me nispaksh roop se janch karna mushkil ho. 4. Yesi Paristhiya utpann ho gayi ho ki jan-samanya ke dimaag me kisi mamle ke vivechana ko lekar sthaniya police ki nispakshta par pashna chinha lag gaya ho. 6. The settled principle of law as laid down by the Apex Court in the case of CBI v. Rajesh Gandhi, AIR 1997 SC 93 . Though the fair investigation is right to accused also, but no investigation may be done at the choice of the accused. In the present case the investigation has been transferred on the application moved by Smt. Ranju Singh wife of accused Pinku Singh @ Pradeep Singh. The impugned order transferring the investigation to CBCID has not disclosed any reason, it has been passed in a routine manner without applying the judicial mind. The accused persons namely Gaurish Pandey and Pradeep Singh @ Pinku Singh moved an application dated 24.6.2013 in the Court of learned CJM, Basti not to take the cognizance on the charge-sheet submitted and to send the same for further investigation has been rejected by a reasoned order by CJM, Basti on 24.6.2013. The application moved by Smt. Ranju Singh wife of Pradeep Singh also does not show any proper reason to transfer the investigation to CBCID. In such circumstances, the impugned order dated 11.6.2013 transferring the investigation to CBID has been passed in a arbitrary manner and the same is illegal, the same is liable to be quashed. Therefore, the order dated 11.6.2013 and the consequential orders including the order dated 22.6.2013 are hereby quashed. Accordingly this petition is allowed. ——————