- (1.) The facts relating to this petition are that a first information report dated 31.12.2013 was lodged by Inspector, Crime Branch, CID, U.P., Lucknow regarding incident of 15.12.2005. On the basis of which, case crime no. 217 of 2013, under Sections 420, 467, 468, 471, 120-B, 409, 34 I.P.C. was registered against Tausiful Hasan (present petitioner and seven other persons). During investigation of this case, several other persons were made accused and investigation proceeded. During investigation one Smt. Ranu Agarwal wife of one accused Sharad Agarwal had moved application dated 06.07.2015 (Annexure-4 to present writ petition) before the Director General of Police, C.B.C.I.D., U.P., Lucknow with averment that accused Tausiful Hasan and other persons had made interpolation in evidences and proper investigation is not being carried out. Therefore, in light of new facts mentioned in this application order for further investigation/re-investigation be made. It is also stated in present petition that on said application of wife of one accused the S.P., Confidential, Crime Branch, C.I.D., U.P., Lucknow had passed order dated 22.07.2015 (Annexure-1 to present writ petition), by which investigation of said case was transferred from Crime Branch, C.B.C.I.D., Kanpur to Crime Branch, C.B.C.I.D., Allahabad Division, and direction was also given to the effect that further investigation be completed within two months. This order of transfer of investigation has been challenged in present writ petition. The impugned order of under challenge reads as under:- 589689-1
(2.) Against aforesaid order of transfer of investigation, present petition has been filed by another accused Tausiful Hasan on the following grounds and following reliefs:- "GROUNDS I. Because the order impugned is totally illegal and uncalled for in view of the various dictums laid down by this Hon'ble Court as well as by Hon'ble Apex Court that investigation of a case cannot be transferred at the behest of an accused against whom already overwhelming evidence has been collected by the investigating agency. Transferring of investigation is nothing but waste of public money as well it erodes the public faith over the police and system of investigation as well as judicial process. II. Because it appears that the respondent No. 5 is bent upon to get himself exonerated from the crime and for that he is exerting all sorts of pressure, manipulation and threatenings upon the respondent authorities. III. Because the impugned order passed by respondent No. 2 is wholly arbitrary, illegal and has been passed without considering the fact that respondent No. 5 has been found guilty of commission of offence in the enquiry and thereafter F.I.R. Of crime No. 217 of 2013 was lodged, and again he was found guilty in the report of submitted by CBCID. Thereafter, on the basis of an application moved by respondent no. 5 himself, a check up was made and in the said check up too, the respondent No. 5 has been found guilty. Now there was no justification for transferring the investigation of case crime No. 217 of 2013 that too on the application moved by respondent No. 6. PRAYER It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to:- (i) issue a writ, order or direction in the nature of certiorari quashing the impugned order dt. 22.7.2015 (Annexure No. 1) passed by the respondent No. 2. (ii) issue any other writ, order or direction, which this Hon'ble court may deem fit and proper in the circumstances of the case. (iii) award the cost of the petition in favour of the petitioner."
(3.) Heard Sri S.F.A. Naqvi, Advocate assisted by Sri Faizan Ahmad, counsel for the petitioner, Sri A.K. Sand, learned A.G.A. for the State-respondent, Sri M.C. Chaturvedi, senior counsel assisted by Sri Anil Kumar Pathak representing respondent nos. 5 and 6, and perused the records.;