- (1.) SUPPLEMENTARY affidavit filed by the petitioner and the counter affidavit filed by the State are taken on record.
(2.) THIS petition has been filed with the following prayers: a) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 24.7.2013 contained in Annexure No. 1 to the writ petition; b) Issue a further writ, order or direction in the nature of mandamus commanding the opposite parties to allow the CBCID Wing of Police Department to carry out the investigation in respect of Case Crime No. 275 of 2013, 55/2013, 228/2013, 148/2013 (53/2013), 284/2013 registered at Thana Akbarpur Kanpur Dehat, Thana Kotwali Kanpur Nagar, Thana Nawabad Jhansi, Thana Prem Nagar Jhansi and Thana Karnalganj Allahabad respectively; and c) Pass any such order or direction as the circumstances of the case may admit of.
(3.) COUNSEL for the petitioner submits that on account illegal actions of the police authorities having vested interest, coupled with the fact that several fictitious cases were registered against the petitioner, a large number of representatives of Christian community moved detailed representations to the Chief Minister against the action of the I.G. Kanpur in implicating the petitioner in various frivolous cases. The State Government vide order dated 7.6.2013 transferred the criminal cases registered against the petitioner to the wing of CBCID. However, thereafter the State Government withdrew the order dated 7.6.2013 which was not justified because once the State Government had exercised the power to transfer the investigation to the CBCID, it could not review the said order in the absence of any cogent justification. This Court had summoned the record of transfer of investigation from CBCID to local police, a perusal of which revealed that the State Government, after considering the observations made by a Division Bench of this Court in the case of Surajmal @ Surja versus State of U.P. and others (Criminal Misc. Writ Petition No. 9438 of 2013) on 17.5.2013, passed the impugned order of transfer.;