- (1.) Heard Sri R.B.Singh, learned counsel for the petitioners and learned A.G.A.for the State of U.P. This petition has been preferred by the petitioners Ram Suresh, Ashok Kumar and Rajendra Singh with the following prayers : (i) to issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 1.6.2007 and 04.04.2006 passed by the respondent Nos. 4 and 2 (Annexure-10 and 8 to this writ petition). (ii) to issue a writ, order or direction in the nature of mandamus directing the respondents to proceed against the petitioners in pursuance of the impugned order dated 01.06.2007 and 04.04.2006 ( Annexure-9 and 8 to this writ petition). (iii) to issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. (iv)to award the cost of the petition to the petition.
(2.) The facts, in brief, of this case are that an FIR was lodged by Sri Mohd. Iqbal at police station T.P.Nagar, Meerut on 10.6.2004 in Case Crime No. 178 of 2004 under section 392 I.P.C. alleging therein that in the night of 9/10-6-2004 at about 12.30 O'Clock the first informant was robbed at pistol point by two boys ,who came on a Red Coloured Motorcycle by snatching the amount of Rs. 20,000/-. In the night of 9/10-6-2004 at 0.35 A.M., its message was flashed from the City Control Room that two unknown motor cycle borne miscreants committed the offence of the robbery, after snatching Rs.20,000/- they fled away towards Madhav Puram, on that information a team headed by A.K.Singh, officer-in-charge of police station Brahmpuri proceeded towards Sai Puram and another team headed by the petitioner Ram Suresh, Dy. S.P. also proceeded towards Lisari Road via Sai Puram, both the teams chased the miscreants, the miscreants were challenged by them to surrender before the police after dropping the fire arm at about 0.45 A.M. but both the miscreants discharged the shots indiscriminately at the police parties with an intention to commit the murder, in which the petitioners A.K.Singh, officer-in-charge and Rajendra Singh, officer-in-charge sustained gunshot injuries, they shouted loudly which gave impression that they sustained gun shot injuries, in self defence the police parties also discharged the shots towards the miscreants. In the said incident one of the miscreants also sustained gun shot injuries, he was apprehended by the police, from his possession one pistol ( Italy made ) was recovered, he was taken to the hospital in the injured condition, to provide the medical aid, in the said incident, Sri A.K.Singh, officer-in-charge of the police station Brahmpuri, Sri Rajendra Singh, officer-in-charge of police station Lisari Gate who were members of police parties also sustained injuries, they were also taken to the hospital by the police to provide the medical aid. From the place of incident, empty cartridges, motorcycle of the miscreants, a stolen scooter and stolen cash were recovered. The recovered pistol of the accused was Italy made bearing No. 37491, its FIR was lodged by the petitioner Ram Suresh, Dy. S.P.at Police Station Brahmpuri in Case Crime Nos. 166 of 2004 under section 307 I.P.C.and Case Crime no. 167 of 2004 under section 25 Arms Act on 10.6.2004. The petitioner no.2 Ashok Kumar and petitioner no. 3 Rajendra Singh were medically examined in the night of 9/10-6-2004. The petitioner no.2 Ashok Kumar Singh had sustained a gunshot injury, petitioner no.3 Rajendra Singh had also sustained a gun shot injury. The miscreant who apprehended on the spot was taken to the hospital to provide the medical aid but he succumbed to his injuries, he was identified as Ashish Tyagi. According to the post-mortem examination report he had sustained gun shot injuries and blackened abrasions. During investigation, another unknown miscreant, who escaped from the place of incident,could not be traced out and the miscreant who was apprehended succumbed to his injuries, consequently, the final report was submitted in Case Crime No. 166 of 2004 under section 307 I.P.C. and Case Crime no. 167 of 2004 under section 25 Arms Act, Police Station Brahmpuri, Distt. Meerut and both the final reports were accepted by learned Special C.J.M.Meerut vide order dated 20.10.2004. The order dated 20.10.2004 has become final because it was not set aside by any higher court. The miscreant Ashish Tyagi who sustained injuries in police encounter was apprehended from the place of accident but succumbed to his injuries later on, was involved in several criminal cases. It was act of bravery done by the police, at the cost of their lives by performing their duties with full devotion, considering the same, the petitioners were awarded by the higher authority. The learned Special C.J.M. who accepted the final reports after perusing the case diary, did not find any thing requiring further investigation even no such remark was passed. All of sudden, after expiry of long period, a letter dated 4.4.2006 was sent to the Director General, C.B.C.I.D., U.P. Lucknow by Deputy Secretary U.P. Shasan, Lucknow mentioning therein that in pursuance of the letters sent by National Human Right Commission, the State Government has taken decision to get the inquiry/investigation done by C.B.C.I.D. and the copies of letters dated 4.4.2005 and 9.9.2005 sent by Human Right Commission have also been sent along with the letter dated 4.4.2006, thereafter, the S.P. C.B.C.I.D., U.P. Lucknow sent a letter dated 1.6.2007 to Dy. Secretary (Home) Human Right Commission, Anubhag-1, U.P.Shasan Lucknow mentioning therein that in the present case after completing the inquiry on 7.5.2007 it was found by the CBCID that prima facie the offence under sections 147, 148, 149, 302, 34 I.P.C. against the police personnel, is made out and the recommendation of 'registering the case and its investigation' against the police personnel, has been made, the same may be accepted so that the case may be registered and investigation may be done and there was no justification to get the investigation done by any other sector.
(3.) Being aggrieved from the letter dated 4.4.2006 sent by Deputy Secretary, Government of U.P., Lucknow to Director General, C.B.C.I.D., U.P. Lucknow by which the State Government has taken the decision to get the investigation done by C.B.C.I.D. and the letter dated 1.6.2007 sent by S.P., C.B.C.I.D., U.P. Lucknow to Deputy Secretary (Home), Human Right Commission, U.P. Shasan, Lucknow for accepting the inquiry report submitted by the C.B.C.I.D.and granting the permission to register the case and investigate the same, against the petitioners and others, the present writ petition has been filed.;