Anil Dev Singh - (1.) In this writ petition the petitioner inter-alia seeks the following reliefs: "(a) Writ of Mandamus or any other appropriate writ quashing the investigation being conducted by CBI pursuance to Crime Case No. RC-12(S)/98/SIC.IV/N.D. registered with them as per the order passed by Central Government under Sub-section (1) of Section 5 r/w Section 6 of the Delhi Special 3 Police Establishment Act, 1946 (Act No. 25 of 1946). (b) Quash the impugned notification issued by the Central Government vide which the fresh investigation of Case No. 230/98 P.S. Hat, Purnia, Bihar is handed over to the CBI."
(2.) The facts leading to the filing of the writ petition are as follows:- On June 14, 1998 an FIR being No. 230/98 was registered by Bihar Police under Section 302 read with Section 34/120-B, Indian Penal Code and Section 27 of the Arms Act at Police Station Khajanchi Hat, Purnia, Bihar, relating to murder of four persons. After registration of the FIR the State Police took up the investigation in the matter. However, by order dated August 11, 1998 the State of Bihar accorded its sanction under Section 6 of the Act to the investigation of the case by the members of the Delhi Special Police Establishment. In the meantime, the Bihar Police on September 20, 1998 filed an incomplete challan under Section 173(2) against five persons in the Court of Chief Judicial Magistrate, Purnia. while taking cognizance of the offence the Chief Judicial Magistrate, Purnia, vide his order dated September 23, 1998 observed as follows:- xx xx xx " The I.Q. has submitted the charge-sheet for the offence u/s 302, 324, 326, 307, 120(B), 34 Indian Penal Code and 27 Arms Act against the accused......... and supplementary investigation is in continuance against the accused (1) Bipin Singh @ Bipin Choudhary (2) Diwakar Choudhary (3) Jawahar Yadav @ Nirmal Yadav (4) Abdul Sattar (5) Pappu Deb @ Sanjay Deb and supplement investigation is in continuance against the accused (1) Pappu Yadav (2) Harish Chaudhary (3) Amar Yadav (4) Prabhat Yadav (5) Pawan Yadav (6) Pankaj Yadav (7) Santosh Yadav (8) Raju Yadav (9) Rajan Tiwari (10) Manoj Yadav (11) Anil Yadav...........' xx xx xx " "Let a separate file be opened against the accused persons, whom the investigation is continuance."
(3.) On September 28, 1998 the Central Government issued a notification whereby the investigation of the matter was transferred to the Central Bureau of Investigation (for short "C.B.I.") Pursuant to the notification of the Central Government, the C.B.I. registered the case as RC No. 12(S)/98-SIC.IV/N.D. on October 12, 1998. Aggrieved by the registration of case RC No. 12(S)/98-SIC.IV/N.D. by the C.B.I. and the issue of notification by the Central Government dated September 28, 1998 the petitioner has filed the instant petition.;