- (1.) Smt. Suprabha Tyagi w/o Rajbir Singh Tyagi is before us with the following prayer; a. Issue a writ, order or direction in the nature of mandamus directing/commanding the respondents concerned to entrust the investigation of the present Case Crime No. 443 of 2015 under Sections 147/148/149/504/506/302/120-B IPC at police station Civil Lines, district Muzaffarnagar to the Central Bureau of Investigation (CBI) so that a fair and impartial investigation may be carried out. b. Issue a writ, order or direction in the nature of mandamus directing/commanding the Central Bureau of Investigation (CBI) to complete the investigation within a time bound period as directed by this Hon'ble Court and or submit a progress report of the investigation before this Hon'ble Court within three months or as directed by this Hon'ble Court. c. Issue any other writ, order or direction, as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. d. To award the cost of petition to the petitioner.
(2.) The facts and circumstances giving rise to the present petition are that petitioner is the informant/complainant of Case Crime No. 443 of 2015 under Sections 147/148/149/504/506/302/120-B IPC at police station Civil Lines, district Muzaffarnagar wherein son of petitioner Vikrant @ Vickky Tyagi has been done to death in broad day light during the course of evidence before the Court of Additional Sessions Judge, Court No. 10, Muzaffarnagar. The said incident in question has taken place on 16.2.2015 at around 2.30 to 2.45 PM within the Court premises of district Muzaffarnagar, for which an FIR has been lodged on that very day at 3.45 PM and in the said FIR 11 accused persons were named which was inclusive of not only criminals but members of police force also namely Circle Officer Anuj Kumar Pehalwan, Inspector Sachin Malik and Constable Guddu @ Vikas and others.
(3.) Petitioner before this Court being mother of deceased has a strong feeling that free, fair and transparent investigation will not at all be carried out and accused persons that is inclusive of a Circle Officer, Inspector and Constable hailing from law enforcing agency are deliberately and intentionally not being arrested by the police and are being given free hand in the matter. Petitioner submits that in this backdrop she has been requesting the authorities concerned for CBI investigation and on the other hand in order to protect the police personnel the investigation in question has been sought to be transferred to CBCID and same has impelled the petitioner to be before this Court with the prayer quoted above.;