U.S.TRIPATHI, J. - (1.) This petition under Art. 226 of the Constitution of India has been filed for issuance of writ, order or direction in the nature of certiorari quashing the recall order dated 2-11-2000 passed by respondent No.2 issuance of writ, order or direction in the nature of mandamus directing the respondents' Authority to maintain order dated 20-9-2000 passed by respondent No. 2 and issuance of writ, order or direction in the nature of mandamus directing the respondents' Authority to conduct the investigation of case crime No. 603 of 2000 under Sections 147, 148, 149, 452, 307 and 302, I.P.C. P.S. Baraut. District Baghpat through independent agency other than local police.
(2.) One Smt. Sukhbiri, widow of Attar Singh, was murdered on 30-7-2000 at 8. 15 a.m. Rajendra Singh, husband of niece of the deceased lodged report of the said occurrence on same day at P.S. Baraut, District Bhagpat, against the petitioner and other, on the basis of which a case at Crime No. 603 of 2000, under Sections 147, 148, 149, 452, 307 and 302, I.P.C. was registered. The petitioner, who is legal practitioner at District Court, Baghpat, moved an application on 18-8-2000 before the State Government for transferring the investigation of the said case from local police to C.B.C.I.D. On his above application, the State Government transferred the investigation of said case to C.B.C.I.D., vide order dated 20-9-2000 (Annexure 7 to the writ petition). Subsequently, the State Government recalled the above order dated 20-9-2000 and again entrusted the investigation of the case of local police by order dated 2-11-2000 (Annexure 8 to the writ petition). The petitioner challenged the above order dated 2-11-2000 passed by the State Government on the ground that the recall order was illegal andwas passed without affording an opportunity of being heard to him and that the above order was passed under the influence of local police and the District Judge against whom the petitioner had made complaint to the Chief Justice.
(3.) Heard the learned counsel for the petitioner, learned A.G.A. and perused the record.;