- (1.) Sri Zulfiqar Beg has moved this petition u/ S. 482, Cr. P. C. for quashing the order dated 16/01/1991 passed by the C.J.M. and the order dated 23-1-1991 passed by the Sessions Judge, Bijnor in Criminal Revision - Zulfiqar Beg v. State. The facts giving rise to this petition are as follows: In Mohalla Chah Sheri, Bijnor, there are two political groups, one group headed by Javed Aftab and the other headed by Abdul Malik Beg alias Hithaura Pahalwan. It is alleged that initially there was no difference between the two groups as all of them were working in the political and social fields of the city. Subsequently a dispute arose and the two groups became antagonistic to each other over some election. In October, 1988 elections for the post of Chairman, Municipal Board, Bijnor were held in which Javed Aftab was a candidate against others including one Chaudhary Nepal Singh Arya. The petitioner opposed the candidature of Javed Aftab and supported the rival candidate Chaudhary Nepal Singh Arya. Javed Aftab was successful in the election and after becoming the Chairman of Nagar Palika, Bijnor he started nursing ill will towards the petitioner.
(2.) On 26-5-1989 one Margoob alias Kale, son of Mahfooz, was murdered within the local limits of Police Station Kotwali, Margoob was an appointee of Javed Aftab in the Nagar Palika. Although Margoob was murdered by some unknown person, an FIR was lodged by his father, Mahfooz, and the petitioner was implicated as one of the accused. The petitioner belongs to Janta Dal while Javed Aftab is of the Congress-I party.
(3.) having come to know about his involvement in the said FIR, the petitioner moved an application to the Chief Minister, Uttar Pradesh, Lucknow on 3-6-1989 requesting that the investigation of the case may be transferred to C.B.C.I.D. The petitioner's request was accepted and the investigation of case crime No. 327 of 1989 u/ S. 302, I.P.C. P. S. Kotwali was ordered to be handed over to C.B.C.I.D. Thereafter, Javed Aftab got an application moved in the name of Mahfooz that the case in question may be investigated by the local police and not by the C.B.C.I.D. On this application the State Government passed an order on 6-7-1989 directing that the case was to be investigated by the local police of Bijnor and not by C.B.C.I.D.;