- (1.) U. S. Tripathi, J. Common ques tions of law and facts are involved in above writ petitions and therefore, all the above writ petitions are taken up together for disposal for which the learned Counsel for the parties have no objection.
(2.) BRIEF facts. of the case giving rise of above writ petitions are as below:- Late Karmendra Narain Agarwal husband of Smt. Shashi Agarwal and father of Km. Meenakshi Agarwal and Manoj Narain Agarwal owned some property known as Prag Agricultural Farm, Gokul Nagar, P. S. Kichha, District Udham Singh Nagar. D. S. Sirohi, R,k. Yadav, Hanspal and Munna Lai were employees of late Kamrendra Narain Agar wal, who managed the property owned by him. Km. Meenakshi Agarwal also owned a theatre known as Meenakshi Theatre, Ram Ghat Road, Aligarh. On the death of Karmendra Narain Agarwal some dispute regarding property of the said Farm arose between widow on one side and son and daughter on the other side. Civil and revenue litigations were also going on between the parties including testamentary suits, which are pending in various Courts. On 4-11-1999 at about 9. 30 p. m. , R. K. Yadav along with 40 more persons allegedly raided the house of Km. Meenak shi Agarwal. Quarrel took place and it is alleged that R. K. Yadav sustained injuries in it, Km. Meenakshi Agarwal lodged report of the said occurrence on said date at 10. 30 p. m. at P. S. Kichha, District Udham Singh Nagar, which was registered at case crime No. 960 of 1999 under Sec tions 147,148,140,452,323,427,506,307 and 3261. P. C. Manoj Narain Agarwal also lodged report of the said occurrence on 5-11-1999 at 2. 10 p. m. at P. S. Kichha against six person including Meenakshi Agarwal, D. S. Sirohi, R. K. Yadav, Hanspal and Munna Lal at P. S. Kichha, on the basis of which a cross case at crime No. 960-A of 1999 under Section 147,148,149,307,504 and 506 I. P. C. was registered. Both the cases were being investigated by the local police and the police submitted charge-sheet in case crime No. 960 of 1999 against 41 persons. However, the police submitted final report on 29-11-1999 in cross case crime No. 960-A of 1999, which was sent to Senior Prosecuting Officer for scrutiny. In the meantime, Manoj Narain Agarwal filed writ petition No. 7230 before this Court for transfer of investigation of case crimeno. 960of 1999 and960-Aof 1999 from Superintendent of Police, Udham Singh Nagar to any other agency not under his control as fair and impartial investigation was not possible by the local police. The above writ petition was finally disposed of on 1-12-1999 by a Division Bench of this Court with the observation that it would be proper if the matter is looked into by the D. I. G. (Kumaun Region), Udham Singh Nagar, Nainital, who will ensure that fair and impartial investigation of the cross cases is conducted by the agency other than named above.
(3.) IN view of above order dated 1-12-1999 the final report submitted in case crime No. 960-A of 1999 was returned back and it was directed that the matter be in vestigated afresh by another officer and the matter is being investigated by another officer. Apprehending her arrest Km. Meenakshi Agarwal, D. S. Sirohi, R. K. Yadav, Hanspal and Munna Lal filed writ petition No. 310 of 2000 for issue of a writ, order or direction in the nature of certiorari quashing the F. I. R. incase crime No. 960-A of 1999 under Sections 147, 148, 149, 307, 504 and 506 I. P. C. , P. S. Kichha, District Udham Singh Nagar with interim prayer for staying their arrest in the said case mainly on the ground that the police had submitted final report in the said case and there was no occasion for its reinvestigation. IN the said writ petition No. 310 of 2000 filed by Km. Meenakshi Agarwal and others this Court, vide order dated 19-1-2 (KM) issued notice to respondent No. 3 for filing counter-affidavit and directed the learned A. G. A. to file counter-affidavit on behalf of respondents No. 1 and 2 and in the meantime it was directed though the investigation of the case shall go on, the arrest of the petitioners in case crime No. 960-A of 1999 shall remain stayed. Smt. Shashi Agarwal also filed writ petition No. 1741 of 2000 for issue of a writ, order or direction in the nature of certiorari quashing the First INformation Report in case crime No. 960-A of 1999 lodged against her with an interim prayer for staying her arrest in the said case, which was ordered to be connected with writ petition No. 310 of2000. Thereafter, Km. Meenakshi Agar wal moved an application to the Chief Secretary, U. P. and also to Director General Police, U. P. praying the investiga tion of case crime No. 960-A of 1999 be directed to be investigated by C. B. C. I. D. Since no order was passed on her above application and she was apprehending that local police and the D. I. G. (Kumaun Range) would not investigate the case fair ly and properly as they were under in fluence of local M. L. A. , she filed writ peti tion No. 1743 of 2000 for issue of a writ, order or direction in the nature of man damus directing the State of U. P. to direct investigation of case crime No. 960-A of 1999, P. S. Kichha, District Udham Singh Nagar Nainital by C. B. C. I. D. The said writ petition was also directed to be connected with writ petitionno. 310of 2000.;