- (1.) G. Malaviya, J. Heard Sri S. P. S Raghav, Sri V. M. Jaidi and Sri Surendra Singh, Learned Additional Government Advocate.
(2.) THIS application was initially filed as a Crl. Misc writ petition under Article 22' of the Constitution. However, by an order dated 8-11-89 by a division Bench of this court (of which I was one of the members), the petitioner was directed avert this writ petition into an application under Section 482 Cr. P. C. since the charge sheet by the civil police had been submitted in the court below and 'in C J. M. thereafter had taken cognizance of the matter- After the writ petition was converted into an application under Section 482, Cr. P. C. on 15-11-8 J this petition is entertained. On that date it was made clear that at the stage of admission itself the manor would be finally disposed of. There after, a counter-affidavit and rejoinder-affidavit have been filed and this matter is consequently finally disposed of at this stage itself. However, Sri Zaidi raised a preliminary objection that the relief sought in this application could be granted only in a petition under Article 220 of the Constitution as the relict would be resulting in some interference in the matter of investigation of the case and not in this application under Secuoa 48:, Cr. P. C, Since this point has been concluded by the order dated 8-11-89, mentioned, above, no finding is needed on that point in this order. For the disposal of this cage all that is necessary to be stated is that an FIR nominating the applicaat also was lodged by Mahfooj on 26-5-89 alleging Chat the applicant alongwith two other persons hid cought hold of his son Kaley and had eominutad his murder. The investigation proceeded by the civil police Meanwhile on an application by the applicant to the Government, the State Government by a radiogram dated 26-7-89 directed the investigation to be taken up by the C B. C ID. The S. P. Bijior had also by his Citer dated 8-8-89 desired the investigation to be conduced by the C. B C. I D as both the parties used to blame the civil police of adopting a person attitude. The investigation was consequently take up by Barely Sector of the C. B. C I. D. , volcano while the Government again decided by its order d itch in 10-89 that instead of C B. C I D. the investigation should transferred to civil police. Consequently the civil police cook up toe case au-J aft -r completing investigation, submitted the charge-sheet in pursuance of which the C. J. M. finer registered a case at No 1717 of 1989, State v. Sajid alias Sajju & Ors. , Under section 302/12'j-B IPC pertaining to police Station, Bijnor, and by its order dated 28-10-89 directed the case to be put 8-11-89. This order indicates that charge-sheet has been sub mitted in the case against Sajid and Nairn, who were in custody as also against Zulnqar Beg, who was absconding.
(3.) THE present petition is based on a report of the Inspector, C. B. C. I. D. 'dated 20th of October, 1989, which dearly states that people were not coming forward to give statements as it was revealed that unless the chairman desired no person would appear to give evidence in the case. THE report further said that on invest Hosts to and the truth the general opinion appeared in the township to be this the applicant Zulfiqii alias Baby had been go falsely implicated in the case at the instance of Chairman Javed Aftab, whereas the applicant was not actually involved in this case. THE learned counsel for the applicant states that since Javed A was apprehensive that u the C. B. C I. D. inactivated the case, the false implication of the applicant be enabled, by Wielding his weight at higher kid of the Government, he got the investigation by the C. B. C. I. D. stalled - Consequently this matter has been brought to the High Court with the puffier that 10 secure justice fair and impartial investigation by the C. B. C. I. D, may be directed. Learned counsel in this case also placed reliance on the endorsement dated 15-v-89of the C J. M. on the application of Bansi Mohan Sharma, Inspector, C B. C. I. D. seeking permission to investigate the matter further under Section 173 (8) Cr. P. C, which was apparently granted by the C. J. M. It is contended that unless C. B. C. I. D. investigates the matter true and factual position would not come t o light and the ends of justice would not be secured, On the other hand Sri Zaidi, learned counsel for the first informant, has contacted that the note dated of the Inspector C. B. C. I. D. was subsequent to the order dated 16-10-89, issued by the Joint Secretary to the Government of U. P. from Lucknow by which the investigation had again been directed to be completed by the civil police. His contention is that in view of this order dated I v-10-89, no credence should be given to the report dated 20-10-89 submitted by the Inspector, C. B. C. l D.;