- (1.) HEARD Sri I.B. Singh, Senior Advocate, assisted by Sri Kumar Ayush and Sri Manish Mani Sharma, learned counsel for the petitioner, learned A.G.A. for the State of U.P. and Sri Amarjeet Singh Rakhra, learned counsel for the C.B.I.
(2.) THIS petition has been filed by Smt. Mithlesh Sharma with the following amended prayer. 1) to issue a writ, order or direction in the nature of mandamus directing the C.B.I. to take up the investigation of case crime no. 113 /2012 at P.S. Pasgawan, Lakhimpur Kheri. Or 2) to issue a writ, order or direction in the nature of mandamus commanding the opposite party no.1 to transfer the investigation of case crime no. 113 of 2012 at P.S. Pasgawan, Lakhimpur Kheri to C.B.I. 3) issue a writ order or direction in the nature of mandamus directing O.P. No. 4 to decide the investigation of case crime no. 113 of 2012 under sections 302,120 -B I.P.C. relating to police station Pasgawan, district Lakhimpur Kheri within a stipulated period, in the interest of justice. 4) issue any another writ, order or direction which this Hon'ble court may deem fit and proper under the circumstances of the case may also be passed in favour of the petitioner.
(3.) THE facts in brief of this case are that in the present case, FIR has been lodged by the petitioner Smt. Mishlesh Sharma, on 17.2.2012 at 12.15 p.m. at P.S. Kotwali Sadar in respect of the incident allegedly occurred during the period 7.2.2012 to 15.7.2012 relating to the offence committed in the territory of P.S. Pasgawan in case crime no. Nil of 2012 under sections 302,120 -B I.P.C. alleging therein that her husband deceased Mahendra Kumar Sharma, aged about 55 years, was posted at the Community Health Centre, Pasgawan, district Lakhimpur Kheri as a Senior clerk. He was on leave from 2.11.2011 to 26.11.2011, on account of the marriage of his daughter. When he returned to the Community Health Centre, after leave, he found that he was shown absent in the record during the aforesaid period, lock of the Almirah kept in the office was found broken and the documents and files were found missing. He made its complaint to the Chief Medical Officer Sri J.P. Bhargava, who directed him to hand over the charge to Rajesh Hans and join his service at Bijuwa, then her husband asked to issue the order of transfer in writing and it was told that the record and cheques taken out from the Almirah by breaking its lock were having concerned with the N.R.H.M. scam, which was being investigated by the C.B.I., if he was questioned what reply would be given by him, then the Chief Medical Officer Sri J.P. Bhargava, asked him to join at Bijuwa, on his saying the enquiry with regard to the record and cheques would be set up by him, when with the aforesaid conversation the first informant was apprised by the deceased, its information was given by the deceased to the Chief Medical Officer on 30.1.2012 through a letter, thereafter, the deceased did not join anywhere and remained at his residence. On 6.2.2012 at about 4.00 p.m. Sri Rajesh Hans, clerk at C.H.C. Pasgawan, Dr. H.C. Gupta, Kuldeep Mishra, President and Sri Munna Lal Verma, Secretary of U.P. Health Ministerial Association, Lakhimpur Kheri came to the house of the first informant,they told the deceased in her presence that the Chief Medical Officer has asked him to join at Pasgawan from tomorrow because some important documents and his signature were required, which were to be supplied to the team of C.B.I. The husband of the first informant responded that he would go to Pasgawan tomorrow. On 7.2.2012, he went to Pasgawan from his house, thereafter, for many days, he did not return to his house, then his search was made by the first informant and information was given to the police of Kotwali Lakhimpur Kheri. In the evening of 15.12.2012 she came to know that the dead body of her husband was lying at Community Health Centre, Pasgawan, then she came to C.H.C. Pasgawan, and saw the dead body of her husband having injuries. There was blood and mud on the body also, she was having strong belief that the deceased was killed at the instance of Rajesh Hans, Dr. H.C. Gupta, Kuldeep Mishra, President and Sri Munna Lal Verma, Deputy C.M.O. Balbir Singh and the C.M.O. J.P. Bhargava, only because he was an honest and gentleman and was not co -operating in their wrong doing. The report of his murder was not registered, even after the autopsy and cremation. The petitioner Smt. Mithlesh Sharma, had given a written information dated 9.2.2012 to the S.H.O. Lakhimpur Kheri, mentioning therein that her husband was missing since 7.2.2012. The post mortem examination report done by a penal of doctors on 16.2.2012 at 2.00 p.m. shows that the deceased has sustained six ante mortem injuries in which injury no.1 was lacerated wound 4.5 cm x 4.8 cm x bone deep on front of nose, injury no. 2 was lacerated wound, 1.00 cm x 1.5 cm x bone deep on the root of nose, injury no. 3 was contusion 7.00 cm x 5.00 cm on the right side of face upper part of neck just below the right ear lobule, injury no. 4 was contusion 5.00 cm x 5.00 cm on the left side of face just below the left ear. injury no. 5 was contused abrasion 3.00 cm x 1.00 cm on the outer aspect of the left arm 12.00 cm below the top of left shoulder, injury no. 6 was contusion 3.00 cm x 1.00 cm over the inner and outer side of lower lip.;