- (1.) This petition has been filed by the petitioner Suresh Chandra Dixit with the following prayers:- 1.issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 26.9.2003( Annexure no.9 to this writ petition) lodged by respondent no.2 and its crime 404 of 2003, under section 302,201 I.P.C. P.S. Kamalganj, District-Farrukhabad(.U.P.). 2.issue a writ, order or direction in the nature of mandamus commanding and directing the Central Bureau of Investigation, New Delhi or some independent Investigating Agency for further investigation/reinvestigation for a Fair Trial to act in terms of Section 173(8) of the Code of Criminal Procedure, 1973. 3.Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to submit the application/complaint prior to dated 23.9.2003 given by the respondent no.2, the application dated 25.9.2003 given by the respondent no.2 to the respondent no.4, and the respondent no.2 to the respondent no.4 and the application dated 25.9.2003 given by the respondent no.2 sent through a registered post to the respondent no.3. 4.issue a writ, order or direction in the nature of certiorari quashing the proceedings of sessions Trial No. 331 of 2007, State of U.P. Versus Suresh Chandra Dixit under section 302/201/120-B I.P.C. Police Station Kamalganj District Farrukhabad now pending before the learned Trial Court. 5.issue any other suitable writ, order or direction and further order which this Hon'ble court may deem fit and proper under the circumstances of the case. 6.award the cost of this writ petition to the petitioner against the respondents.
(2.) The fact in brief of this case are that respondent no.2 Smt. Mour Shree lodged an F.I.R. on 26.9.2003 at 8.00 a.m. in respect of the incident allegedly occurred during the period 14.9.2003 to 13.9.2003 at P.S. Kamalganj in case crime no. 404 of 2003 under sections 302,201 I.P.C. The F.I.R. was lodged against unknown miscreants. It is alleged in the F.I.R. that the husband of the deceased was serving as Class IV employee in R.P. Degree College, Kamalganj, thereafter her father in law became the Secretary of the College, then the husband of the first informant resigned, after resignation the financial condition of the first informant became very bad, her husband was intending to take loan from the Government for which was visiting Fatehgarh, in the meantime he came in contact of Smt. Chetana Rathor, Chairman of Gramudoyg Sewa Sansthan and Suresh Chandra Tripathi( petitioner), the husband of the first informant namely the deceased Suresh Singh Verma was assured by Smt. Chetna Rathore for sanctioning a loan of Rs. 5 corore for the purpose of opening Degree College and a hospital, and she was assured to appoint him as Secretary of the above mentioned institution. He was asked that half of the aforesaid amount would be spent in the construction of the above mentioned institution, and remaining half shall be provided to Smt. Chetna Rathore for which the deceased executed an agreement to sale of a land having the area of about 7 bigha, he also collected Rs. 1,50,000/- the same was handed over to Smt. Chetna Rathore, for this purpose the deceased was usually going to Fatehgarh in the company of the petitioner, on 14.9.2003 at about 11.00 a.m. the deceased had gone in the company of the petitioner to Fatehgarh, thereafter he did not come back, on 23.9.2003, the dead body of the deceased was recovered from a brick-klin of one Vijay Yadav, the dead body was of an unknown person, its post mortem examination was conducted, on this information, the first informant along with other members family came to mortuary at Fatehgarh and identified the dead body of the deceased. The dead body was handed over to the first informant for the purpose of cremation, she alleged in the F.I.R. that her husband was murdered by some unknown persons, thereafter, his dead body was kept in a dig of the brick-klin.
(3.) After investigation the charge sheet dated 10.12.2003 has been submitted by the I.O. against the petitioner in the court of the learned C.J.M. Farrukhabad on which the learned C.J.M. Farrukhabad has taken cognizance on 17.7.2004, the learned magistrate concerned has committed the case to the court of session where the charge has been framed in S.T. No. 331 of 2007 and the session trial is pending. The petitioner was arrested, he was sent to jail, thereafter he has been released on bail on 5.12.2003 by the High Court in Criminal Misc. Bail Application No. 18638 of 2003. The present petition has been filed before this court , the same was reported on 26.2.2008 on which the first order was passed on 19.2.2008 for listing on 27.2.2008, after the committal of the case to the court of sessions where the proceedings are pending in S.T. No. 331 of 2007 under sections 302,201,120-B I.P.C. State of U.P. Versus Suresh Chandra Dixit. This writ petition has been filed with a prayer to quash the F.I.R., to hand over the investigation to the C.B.I. or other independent agency, for the purpose of further investigation under section 173(8) Cr.P.C. and to quash the proceedings of S.T. No. 331 of 2007 and to submit the application/complaint prior to the date 23.9.2003 given by respondent no.2 The application dated 25.9.2003 given by respondent no.2 to respondent no.4 and the application dated 25.9.2003 was given by respondent no.2 through the registered post to respondent no.3.;