K.N.OJHA, J. - (1.) HEARD Sri V.P. Srivastava, learned Counsel for the petitioner, Sri D.S. Mishra, learned Counsel for the respondents and learned A.G.A. and have gone through the record.
(2.) INSTANT writ petition has been filed under Article 226 of the Constitution of India to quash the order dated 9 -2 -2005 passed by the State Government vide (Annexure -12 to the writ petition), whereby investigation relating to irregularities in auction sale by the Public Works Department (hereinafter referred to as P.W.D.) at Ballia, murder of four persons at the time of tender of contract of P.W.D. and investigation in respect of death of Anshuman Chaubey son of Smt. Asha Chaubey and all connected matters have been transferred from Civil Police to CB - C.I.D. for further investigation, under the signature of Special Secretary, Uttar Pradesh Government, Lucknow. The fact of the case is that F.I.R. No. 301 of 2004 under Section 147/148/149/307/302 I.P.C. Section 7 Criminal Law Amendment Act was lodged at Police Station Kotwali, District Ballia by petitioner Upendra Singh resident of village Middha, P.S. Phephna, District Ballia on 3 -7 -2004 at 11.35 a.m. against Kaushal Chaubey, Kamla Kant Chaubey, Ajit Chaubey, Anshuman Chaubey, Chandrachurn @ Shera Chaubey, Naveen Chaturvedi, Arvind Chaubey, Bhagwati Rai, Krishan Singh, Anup Chaubey, Munna Chaubey and Avneesh Chaubey all resident of District Ballia, containing the fact that when on the same day at 11.10 a.m. Daya Shanker Singh, Kamal Singh, Ajay Singh, Nardeshwar Pandey, Santosh Kumar Singh, Dashram Singh, Satya Prakash Singh were going to participate in purchase of tender form from P.W.D. Office, Ballia by their vehicles, the above mentioned accused persons fired on them as a result of which Daya Shanker Singh, Satya Prakash Singh, Arvind Singh and Akhilesh Singh died. Another F.I.R. Bearing No. 83 of 2004 under Section 307 I.P.C. and Crime No. 84 of 2004 under Section 25/27 Arms Act was lodged at P.S. Phephna, District Ballia by Ram Singh the then Station Officer, P.S. Reoti, District Ballia on 3 -7 -2004 at 6.30 p.m. and on the same day at 3.10 p.m. when he alongwith police party was on patrol duty, the police party was informed that two miscreants with arms had entered into the village Dharampura, he alongwith police party reached the village Dharampura and in encounter Anshuman Chaubey son of Kaushal Kumar Chaubey, village Chain, P.S. Haldi, District Ballia was injured and he was subsequently killed by the public persons and one other was successful in making his escape good.
(3.) ANSHUMAN Chaubey was son of Smt. Asha Chaubey who is opposite party 8 in this writ petition.;