- (1.) Heard Sri A.B.L.Gour, Senior Advocate, assisted by Sri Manoj Kumar, learned counsel for the petitioner and learned A.G.A.for the State of U.P.
(2.) The present writ petition has been filed by the petitioner Babloo Dubey with the following prayers to :- (i) issue a writ,order or direction in the nature of certiorari quashing the order dated 7.10.2014 passed by the Senior Superintendent of Police, Gorakhpur (Annexure-15 to this writ petition). (ii) issue a writ, order or direction in the nature of mandamus directing the respondent No.2 and 3 to make fair and proper investigation in Case Crime No. 463 of 2014, under sections 147, 148, 149, 504, 307, 302, 396 I.P.C.relating to Police Station Khorabar, District Gorakhpur. (iii) issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper in this circumstances of the case. (iv) to award costs of the writ petition to the petitioner.
(3.) The facts, in brief, of this case are that an FIR has been lodged by respondent No. 6 -Sadhu Yadav alias Shiv Pratap Yadav on 8.8.2014 at 11.40 A.M.in respect of the incident allegedly occurred on 8.8.2014 at 10.00 A.M. in Case Crime No. 463 of 2014 under sections 147, 148, 149, 504, 307, 302, 396 I.P.C., Police Station Khorabar, District Gorakhpur in which the petitioner Babloo Dubey is one of the named accused persons. Its investigation was entrusted to Officer-In-charge of Police Station Khorabar, District Gorakhpur but on the application moved by Smt. Shanti Devi, the mother of the petitioner, the investigation of the above mentioned case was transferred from Police Station Khorabar, District Gorakhpur to some other district by Director General of Police, U.P. Lucknow ,he directed the D.I.G. Gorakhpur Range, Gorakhpur to ensure the investigation of the aforesaid case by police of some other district vide order dated 28.8.2014. In pursuance of the order dated 28.8.2014, the investigation of the aforesaid case was transferred from Police Station Khorabar, District Gorakhpur to District Kushi Nagar. In pursuance of the order dated 28.8.2014, the D.I.G. Gorakhpur Range Gorakhpur transferred the investigation of the aforesaid case to District Kushi Nagar, its communication was made to S.S.P. Gorakhpur vide letter dated 6.9.2014, pursuant to the above mentioned letter, the S.S.P. Gorakhpur transferred the investigation to district Kushi Nagar. The transfer of the investigation of the above mentioned case from Police Station Khorabar, District Gorakhpur to District Kushi Nagar has been challenged by respondent no. 6 Sadhu Yadav @ Shiv Pratap Yadav by way of filing Criminal Misc. Writ Petition No. 17232 of 2014 in which by another Bench of this Court took the cognizance and passed the order dated 26.9.2014 directing the Director General of Police U.P. to file his personal affidavit indicating as to which provision of law he issued orders for transferring the investigation from one district to another, when two of the accused persons have already been arrested and it is alleged that recovery has also been made and that too without applying mind to the allegations made in the FIR and without recording any reason.. Further no information was called for from any of the concerned officers with regard to the truthfulness of the allegations made in the application for transfer of investigation. The following observation has also been made :- " Prima facie, we are of the opinion that such orders by the D.G.P.are the abuse of the powers and shakes the confidence of a common man in the police system of the State.";