RAJ MANI CHAUHAN, J. - (1.) HEARD . This petition under section 482 of the Code of Criminal Procedure (hereinafter referred to as the 'Code') has been filed by the peti­tioner before this Court to, invoke its inher­ent power with the following prayers: "It is most respectfully prayed that this Hon'ble Court may kindly be pleased to: (I) Issue a writ, order or direction to set aside the impugned order dated 13.01.2010 passed by the Opposite Party No. 1 and Order dated 22.6.2009 passed by the Opposite Party No. 2/for the investigation of F.l.R. pertaining its Case Crime No. 153-A/2002 U/S 147/148/302/120-B/342 IPC U/S 25/35 of Arms Act and 3 (2) (v) of SC/ST Act lodged at Police Station Khairabad, District Sitapur as well a order 01.4.2010 passed by the Chief Ju­dicial Magistrate, Sitapur which are contained as Annexure 1, 2, 3 to this petition. (II) Issue a order or direction to the opposite parties not to stay the exe­cution/implementations of the or­ders dated 13.01.2010 passed by the opposite party No. 1 and order dated 22.6.2009 passed by the op­posite party No. 2 for the investi­gation of F.l.R. pertaining its case Crime No. 153-A/2002 U/S 147/148/302/120-B/342 IPC U/S 25/35 of Arms Act and 3 (2) (v) of SC/ST Act lodged at Police Station Khairabad, District Sitapur as well a order 01.4.2010 passed by the Chief Judicial Magistrate, Sitapur."
(2.) THE relevant facts giving rise to the present petition may be briefly stated as under: One Istiyaq Khan lodged a written re­port at P.S. Khairabad on 04.7.2002 at 23:45 P.M. with the allegation that he along with Nizamuddin of his village-was going his home on his motorcycle following the road patri of canal when he reached near the railway crossing at about 10:30 P.M. he had to slow the speed of his motorcycle on ac­count of speed-breaker. In the meantime four criminals came there armed with fire arms. They snatched his Sonata Wrist Watch and cash of Rs. 200/- from his pocket and Rs. 150/- from the .pocket of Nizamuddin. They were also trying to snatch his motor­cycle. He, therefore, raised alarm, in the meantime the S.O. of P.S. Khairabad along with his police force reached there. There had been exchange of firing from both the sides i.e. from the side of police and from the side of criminals. One of the criminals whose name later surfaced as Hori lal S/o Chndra Bhal Pasi, R/o Sakrara, P.S. Mach-herhata, District Sitapur sustained injuries. He was sent to the District Hospital, Sita­pur for treatment. On the other hand Smt. Maheshwari W/o Sri Chandra Bha Pasi sent a complaint to the National Human Right Commission alleging that the S.O., P.S. Khairabad had picked up his son Hori lal from his residence at about 21:30 hrs. during the day. Thereafter the police in­formed her that her son Was admitted in the hospital. She hearing the news went to the hospital and found her son dead there. She had alleged that actually her son had been done to death by the police. The Na­tional Human Rights Commission directed an inquiry into the matter consequently Sri Tula Ram Chaudhari, the then S.I., Com­plaint Cell, in the Office of Director General of Police, U.P., Lucknow conducted the Inquiry into the matter and found that it was a fake encounter case. The deceased was done to death by the police. Conse­quently Sri Chandra Bhal Pasi lodged a written report at P.S. Khairabad against police official which was registered by the police of P.S. Khairabad under sections 147/148/302/120-B and 342, IPC at Crime No. 153-A/2002 against the accused for investigation. The. learned Counsel submits that the case registered at Crime No. 153A/2002 was 'investigated by the Investigating Offi­cer and Investigating Officer after investi­gation of the case submitted final report which has accepted by the concerned Magistrate (but a copy of the final report is not on record).
(3.) THEREAFTER , the mother of the de­ceased pursued the matter before the Na­tional Human Right Commission who wrote a letter dated 22.6.2009 (Annexure 2) to the State Government to get the matter reinvestigated. On the direction of the Na­tional Human Rights Commission, the State Government vide its order dated 13.1.2010 (Annexure 1) passed an order for investi­gation of the case by the CBCID. During the course of investigation, Sri Mukesh Kumar Saxena, Inspector, as well as Co-Investigating Officer of the case moved an application before the learned Chief Judi­cial Magistrate, Sitapur for returning back the country-made pistol and empty car­tridges which were recovered from the place of occurrence and had been lodged in the Sadar Malkhana of Sitapur, for sending the same to the Ballistic Expert for examination. The application was allowed by the Chief Judicial Magistrate, Sitapur vide order dated 1.4.2010 (Annexure 3). The letter dated 22.6.2009 written by the Na­tional Human Rights Commission to the State Government, the order dated 13.1.2010 passed by the State Government for investi­gating the case by the CBCID and the order dated 01.4.2010 passed by the Chief Judicial Magistrate, Sitapur returning back the country-made pistol and empty cartridges to the Investigating Officer for sending the same to the Ballistic Expert for examination are under challenge in this petition.;