- (1.) Through this application, the applicants, who were petitioners of Criminal Misc. Writ Petition No. 1530 of 2000, pray to recall the order dated 29/09/2000 passed by one of us (Lakshmi Bihari, J.) and P. K. Jain, J. dismissing the writ petition as having become infructuous. They allege, inter alia, that no information was given to their counsel about the listing of the case in the computer list dated 29-9-2000 nor had even the complainant or his counsel even informed him that the case would be taken up on that date; that the matter being still investigated by the C.B.C.I.D. Sector, Varanasi, which till date has not submitted any charge-sheet, and therefore, the Court had wrongly dismissed the writ petition as having become infructuous.
(2.) Criminal Misc. Writ Petition No. 1530 of 2000 was filed by the applicants for quashing that decision of the State Govern-ment by which it had decided to get the investigation done by the local police in place of C.B.C.I.D. communicated by Sri Sanjiv Kumar, Joint Secretary of the Government, vide his letter dated 1-3-2000 to the Additional Director General of Police, C.B.C.I.D. appending its copy as Annexure 7, impleading (i) the State of U. P., (ii) Superintendent of Police, Jaunpur/Sector Officer, C.B.C.I.D. Varanasi; (iii) Station Officer, Police Station Newarthiaya, District Jaunpur and (iv) the Informant Rai Saheb Singh, as Respondents Nos. 1 to 4 respectively, on grounds of malafide of the local M. P. belonging to the ruling B.J.P. party enumerated in the writ petition. A prayer was also made through a separate application to stay the operation of the decision aforementioned as well as their arrest pursuant to the F.I.R. dated 27-10-1999, registered as Case Crime No. 149 of 1999 under Sections 302 and 323 I.P.C., Police Station Newarhiya, District Jaunpur during the pendency of the writ petition.
(3.) The writ petition was placed for the first time before a Division Bench on 29-3-2000 and following order was passed on that day :"Respondents Nos. 1 to 3 are represented by learned A.G.A.Let notice be issued to respondent No. 4 returnable in six weeks. Counter-affidavit may be filed by the date fixed.Till the next date of listing operation of the impugned order dated 1-3-2000 (Annexure 7) and further action pursuant thereto shall remain stayed.";