- (1.) Heard Sri S.M. Royekwar, learned Counsel for the petitioner and learned A.G.A. for the State of U.P.
(2.) The petitioner Anant Vikram Singh has preferred the writ petition with the following prayers : I. Issue a writ, order or direction in the nature of Mandamus commanding the opposite party Nos. 1 to 4/investigating agency to restrain itself from arresting the petitioner in pursuance of the First Information Report dated 14.9.2014 registered at P.S. Amethi in District Amethi vide case crime No. 1120 of 2014 under sections 147, 148, 149, 188, 307 (later on converted to sections 302 during investigation), 336, 427, 504, 506, 120-B, IPC and section 7 of Criminal Law Amendment Act (Annexure No. 1), in the interest of justice, and II. Issue a writ, order or direction of appropriate nature directing that investigation of the criminal case lodged in pursuance to the FIR dated 14.9.2014 registered at P.S. Amethi in District Amethi vide case crime No. 1120/2014 under sections 147, 148, 149, 188 and 307 (later on converted to sections 302 during investigation), 336, 427, 504, 506, 120-B IPC and section 7 of Criminal Law Amendment Act be transferred to the Central Bureau of Investigation/opp. Party No. 5; III. Issue a writ, order or direction of appropriate nature instituting a commission of judicial enquiry to be headed by a Hon'ble Judge of this Hon'ble Court, and calling for the report/recommendation from the said commission within such stipulated time frame as may be deemed fit followed by appropriate direction for drawing relevant proceedings depending upon the recommendation/report against guilty persons including from local administration, police etc. IV. Any other order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case may also be passed in favour of the petitioner, in the interest. V. Award the cost of petition to the petitioner."
(3.) The facts in brief of this case are that an FIR has been lodged by Sri Mohd. Haneef, Officer Incharge of P.S. Amethi, District Amethi on 14.9.2014 at 12.20 P.M. in respect of the incident allegedly occurred on 14.9.2014 at 10.50 A.M. near Bhupati Bhawan in vicinity of village Ram Nagar alleging therein that on 14.9.2014 a protest was being made by the petitioner on information of the arrival of his father Dr. Sanjay Singh, M.P. (Rajya Sabha) and Smt. Amita Singh at their residence Bhupati Bhawan along with the police and administrative officer. The police of the different police stations of District Amethi, P.A.C. R.A.F. and fire brigade were deputed. On arrival of Dr. Sanjay Singh and Smt. Amita Singh the petitioner called the nearby people by giving telephonic message to make the protest. It was told on telephone and at the outer gate of Bhupati Bhawan that in any condition Smt. Amita Singh would not be permitted to enter into the Bhupati Bhawan for which whatever to be done. On it about 250-300 people armed with lathi, danda, bricks and stones came out from adjoining villages and were gathering near the Bhupati Bhawan. The police and administrative officers tried to persuade the mob and from loud speaker announcement was made for leaving the place and to go their houses because section 144 Cr.P.C. was imposed there. In the meantime, during investigation from the side of the mob stone pelting was made on police and administrative officers then to disburse the mob from the vehicle of the fire service water cannon was done but the mob continued in stone pelting. To disburse the mob the police force used Chilly bombs, Rubber bullet and Tear gas. The police and administrative officers asked the petitioner Anant Vikram Singh to make an appeal before the mob to maintain the peace but without agreeing with anyone the petitioner was encouraging the mob and consequently mob pelted the stones, fired shots and hurled the bombs. On being chased by the police the co-accused Sunil Bari, Vijay Pratap @ Kalian, Chintu, Sanjay Singh @ Lulli, Billu Bari, Awadhesh Singh and other persons hurled the bombs, extended the threat of life, fired shots at about 10.50 A.M. The shot fired by co-accused Sunil Bari hit the constable Vijay Pratap Mishra. Immediately he was taken to CHC, Amethi in an injured condition through Ambulance, due to stone pelting made by the mob administrative officers, police officers and other officials sustained injuries. The mob damaged the Government vehicles and private vehicles which were parked on the road side. The shop keepers closed their shops and people of the locality closed the doors of their houses and panic atmosphere was created. The videography of the alleged incident was done.;