- (1.) Heard Sri R.C. Maurya, Sri Arun Kumar Soni, learned counsel for the petitioner, learned A.G.A. for the State of U.P., Sri Rajeev Lochan Shukla, learned counsel for respondent no. 9 and Sri Sushil Kumar Dubey, learned counsel for accused respondents 4,5,6,7 and 8.
(2.) This petition has been filed by the petitioner Jagdish Sharma with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 28.11.2013 (Annexure no. 7 to this writ petition) bearing no. 1583MM/6PU-3-2013-15(28)P/201 passed by respondent no. 1 in First Information Report dated 23.8.2013 in Case Crime No. 251 of 2013 under sections 302,307,147,148,149 I.P.C. Police Station, Bakewar district Etawah.
(3.) The facts in brief of this case are that the FIR of this case has been lodged by the petitioner Jagdish Sharma on 23.8.2013 at 9.35 p.m. in respect of the incident allegedly occurred on 23.8.2013 at about 6.30 p.m. against the accused persons namely Sita Ram, Mohit Sharma, Tinku Sharma, Jaiki alias Somnath, Ramshesh alias K.K in case crime no. 251 of 2013 under sections 147,148,149,302 and 307 I.P.C. alleging therein that on 23.8.2013, the petitioner and his brother-in-law Anil Kumar were going on a motor cycle to his village from Bakewar, the elder brother of the first informant namely Rakesh Kumar alias Mini was also going on a motor cycle to his village, he was ahead to the motorcycle of the petitioner, at about 6.30 p.m., they reached near Sati Temple Barthana Road, where the accused persons namely Sita Ram, Mohit Sharma, Tinku Sharma and J.K. alias Somnath and Ramshesh alias K.K. armed with firearm were standing there waiting for the arrival of the deceased and others, they intercepted at the point of firearm and exhorted to commit the murder of the petitioner and others, then the accused Mohit Singh discharged a shot, which hit on neck of the deceased Rakesh Kumar, after sustaining the injury, he fell down, then other accused persons also fired at him. The petitioner and his brother-in-law made an attempt to save the life of the deceased, the firing was made towards them also with the intention to commit their murder but any how, they saved their lives by escaping from the place of incident. The first informant and his brother-in-law came back to the place of incident and saw the deceased who were lying in injured condition, the passer-by also gathered at the place of incident, the deceased was brought to the District Hospital, Etawah where he was declared dead by the doctor. The petitioner went to the police station to lodge the FIR leaving the dead body at District Hospital Etawah. On account of the pendency of litigation the deceased has been killed by the accused persons, after lodging the FIR investigation of this case was taken in the hand by Sri Yogesh Kumar Sharma Officer-in-charge of the police station Bakewar but on the basis of the report dated 10.11.2013 submitted by the Circle Officer Barthana, mentioning therein that it was not possible to do the fair investigation, due to political pressure, investigation of the above mentioned case was transferred from police station, Bakewar to the crime branch of district Etawah by the S.S.P. Etawah on 11.11.2013. In pursuance of the order dated 11.11.2013, the investigation of the above mentioned case was entrusted to the crime branch district Etawah, thereafter, on the application moved by respondent no. 9, Ram Sarower, father of the accused Mohit Sharma( respondent no.5) investigation of the above mentioned case, was transferred by the State Government to C.B. C.I.D., its communication was made by Sri Kamal Saxena, Secretary, U.P. Government Lucknow to D.G. C.B.C.I.D. U.P. Lucknow vide letter dated 28.8.2013. In pursuance of the order dated 28.11.2013 the investigation of the above mentioned case has been entrusted to CBCID. It is a case in which FIR has been lodged within 3.05 hour, all the five accused persons are named in the FIR but nobody was arrested and the investigation has been transferred to CBCID whereas the process under section 82 Cr.P.C. was also issued to ensure the arrest of the accused persons, being aggrieved from the impugned transfer by which the investigation has been transferred to CBCID the petitioner has filed the present writ petition.;