Ajai Lamba, J. - (1.) HEARD learned counsel for the parties.
(2.) APPLICATION is allowed. Amended memo of parties and affidavit are taken on record. Relevant facts of the case required to be noticed are that Writ Petition No. 3659(M/B) of 2011(P.I.L.); We the people Vs. Union of Indian and others; was filed in this Court praying for issuance of a writ directing Union of India to entrust the investigation of Case Crime no. 322 of 2010, under Sections 302 and 120 -B, I.P.C. Police Station - Vikas Nagar, Lucknow, and Case Crime No. 269 of 2011, under Sections 302 and 120 -B I.P.C., P.S. -Gomti Nagar, Lucknow, relating to murders of two Chief Medical Officers, Dr. Vinod Arya and Dr. B.P. Singh respectively, to the Central Bureau of Investigation. The petition was finally decided vide order dated 27th July, 2011. Relevant portion of the order reads as under: - Sri J.N. Mathur, learned Additional Advocate General, relying upon Section 173(8) of the Cr.P.C., submitted that further investigation can be done by the police even after submission of the charge -sheets and the State Government being of the view that this should be done by the C.B.I. to allay all apprehensions in the mind of the public and to instill faith in them about the bona fides of the State Government in dealing with the aforesaid cases, due consent has been given for making further investigation. Sri Mathur also stated that liberty to make further investigation does not prohibit the C.B.I. in making re -investigation in case there is any linkage found in the two murders of Chief Medical Officers with the murder of Dr. Y.S. Sachan, Deputy Chief Medical Officer, or even otherwise if the C.B.I. feels, that reinvestigation is required. xxxxxxx Accordingly, we direct that all matters aforesaid be investigated by the C.B.I. The C.B.I. shall register the necessary cases and forthwith depute an officer to receive from the respondents all records relating to Case Crime No. 322 of 2010, under Sections 302 and 120 -B I.P.C., P.S. Vikas Nagar, Lucknow and case crime no. 269 of 2011, under Sections 302 and 120 -B I.P.C., P.S. -Gomti Nagar, Lucknow, relating to murders of two Chief Medical Officers, Dr. Vinod Arya and Dr. B.P. Singh respectively, and that of case crime no. 112/2011, under Sections 409,419,420,467,468 and 471 IPC, and Case Crime 115/2011, under Sections 409,419,420,407,468 and 471 IPC, registered at P.S. Wazirganj, Lucknow, relating to NRHM Scam in the district of Lucknow. The respondents shall immediately hand over all such records to such officer. The state shall provide all assistance and logistic support to C.B.I. The investigation shall be completed expeditiously, say, within a maximum period of three months. The Director, C.B.I. is directed to take charge of the investigation immediately.
(3.) CONSEQUENT to our aforesaid order, no action shall be taken by the Magistrate concerned in pursuance of the charge -sheets submitted in the aforesaid cases.;