- (1.) G. P. Mathur, J. This writ petition under Article 226 of the Constitution has been filed praying that the order contained in telex message dated 30-1-2001 be quashed and a writ of mandamus by issued commanding the respondents not to trans fer the investigation of crime No. 205 of 2000 under Section 302/349/506,i. P. C. of P. S. Kotwali, district Auraiya from C. B. C. I. D. to local police.
(2.) THE record shows that a FIR was lodged by Jagat Narain Pandey at 6. 30 p. m. on 3-5-2000 at P. S. Kotwali alleging that he along with his two sons had gone to pur chase vegetable in the market at 5. 30 p. m. when Ambrish Kumar Mishra and Rajesh Kumar Mishra armed with rifles. Ashok Kumar Mishra and Kalle armed with double barrel guns arrived there. All the four accused started firing from their weapons due to which Pramod Kumar and Kapil Kumar received gunshot injuries and died on the spot. THE assailants also carried away the rifle of Pramod Kumar. THE FIR also mentioned names of some persons who had seen the occurrence. It is averred that after the case was registered at the Police Station, the local police started investigating the same. The petitioner No. 1 Smt. Ramwati Devi, who is mother of accused Ambrish Kumar and Rajesh Kumar moved an application before the Chief Minister praying that the investigation of the case may be got done by the C. B. , C. I. D. Thereafter, the State Government took a decision that the in vestigation of the case be done by C. B. , C. I. D. and the said decision was communi cated to the Director General of Police, U. P. by means of a letter dated 29-5- 2000 sent by a Deputy Secretary of U. P. Govern ment. According to the petitioner, the CID commenced investigation of the case. However, on 19-1-2001, a Government Order was issued for transferring the in vestigation of the case from C. B. , C. I. D. to local police and thereafter a telex message was sent on 30-1-12001 in compliance of the said order. The present writ petition has been filed challenging the aforesaid order by which the investigation of the case has been transferred back to local police. Sri U. C. Mishra, learned counsel for the petitioners has submitted that once the investigation had been entrusted to C. B. , C. I. D. , it was not open to the State Government to rescind the said order and entrust the investigation to the local police. In support of his submission learned counsel has placed reliance on a decision of this Court rendered in Writ Petition No. 16355 of 1994 (Ram Bharose Dubey v. State of U. P), decided on 20-9-1994 and Chandra Vir and others v. State, 1995 (1) JIC697 (All); 1995 ACC683.
(3.) THE State Government had issued a Government Order on 15-9-1995 laying down the conditions under which an order entrusting investigation of a criminal case to C. B. , C. I. D. may be passed. It also mentioned the authority who will be competent to pass such an order. Since the State Government has itself laid down a policy regarding entrustment of investigation to C. B. , C. I. D. , the controversy raised in the present petition has to be examined in the light of the aforesaid Government Order. This Government Order has been quoted in extenso in a Division Bench decision rendered in Bhopal and others v. State of U. P, 1997 JIC 95 (All); 1997 ACC 371, to which one of us (G. P. Mathur, J.), was a party. The Government Order provides that normally the investigation should be done by local police and transfer of investigation to C. B. , C. I. D. can be made only if there is sufficient ground for the same. Following 4 grounds are mentioned for exercise of such a power: (1) The nature of the crime is so complicated and involved that it is not possible for the local police to properly investigate the same. (2) The crime has international, inter-state or inter-division ramifications. (3) The local conditions are such due to which it has become difficult for the civil police to investigate the case fairly. (4) Such conditions have arisen due to which a doubt is created in the mind of general public that the local police is not investigating the case fairly.;