AMITAVA LALA,J. - (1.) THIS writ petition is made for the following reliefs: "(i) a writ, order or direction in the nature of certiorari quashing the impugned order dated 31 -1 -2006 (Annexure No. 1 to this writ petition) passed by respondent No. 3. (ii) a writ, order or direction in the nature of mandamus directing the respondents to transfer and entrust the investigation of the case crime No. 589 of 2005 under Sections 147, 148, 149, 302, 307, 120 -B IPC and 7th Crime Act Police Station Bhanwarkol District Ghazipur to Central Bureau of Investigation and further direct the respondent No. 2 to carry out a speedy and expeditious investigation in the aforementioned case within a specified time. (iii) a writ, order or direction in the nature of mandamus directing the State of U.P. to hand over the investigation of case crime No. 589 of 2005 to Central Bureau of Investigation as per the condition precedent under Section 6 of Delhi Police Establish Act, 1946 (read as Delhi Police Establishment Act, 1946). (iv) any other writ, order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case to meet the ends of justice. (v) award cost of the petition to the petitioners." 
(2.) FACTUALLY , the petitioner No. 1 is the widow of Late Krishna Nand Rai and the petitioner No. 2 is his real brother, who is also the complainant. Late Sri Krishna Nand Rai had been contesting the assembly elections on Bhartiya Janta Party ticket from the constituency of Mohammadabad, District Ghazipur and he ultimately succeeded in trouncing Afzal Ansari, the real brother of Mukhtar Ansari, the two main accused in the present incident, and was ultimately elected as Member of Legislative Assembly. According to the petitioners, Afzal Ansari is presently a sitting Member of Parliament from Ghazipur and is an active enrolled member of the Samajwadi Party. His real brother Mukhtar Ansari is an independent M.L.A. from Mau and is supported by the ruling party of the State. The very secured position of these persons backed politically by the present ruling Government in the State emboldened them to eliminate their political rivals including Late Sri Krishna Nand Rai.
(3.) ACCORDING to the petitioners, in order to appreciate their criminal background the criminal history of these persons is necessary to be enumerated, which is as follows: History sheet No. 16 -B Inter State Gang No. 191 (1) Case Crime No. 106/88, under Section 302 I.P.C., Police Station Kotwali, Ghazipur. (2) Case Crime No. 201/88, under Section 302 I.P.C., Police Station Cantt. Varanasi. (3) Case Crime No. 124/90, under Section 364/395/397 I.P.C., Police Station Bara Gaon, Varanasi. (4) Case Crime No. 266/90, under Section 467/468/420 I.P.C., Police Station Mohammadabad, Ghazipur. (5) Case Crime No. 399/90, under Section 147/148/149/307 I.P.C., Police Station Kotwali, Ghazipur. (6) Case Crime No. 682/90, under Section 247/506 I.P.C., Police Station Kotwali, Ghazipur. (7) Case Crime No. 172/91, under Section 147/148/302 I.P.C., Police Station Mohammadabad, Ghazipur. (8) Case Crime No. 44/91, under Section 302 I.P.C., Police Station Kotwali, Ghazipur. (9) Case Crime No. 294/91, under Sections 307/302 I.P.C., Police Station Mughal Sarai, District Chandauli. (10.) Case Crime No. 456/93, under Sections 365/387 I.P.C., Police Station Tilak Marg, New Delhi. (11) Case Crime No. 503/93, under Section 5 TADA Act, Police Station K.G. Marg, New Delhi. (12) Case Crime No. 834/95, under Sections 353/504/506 I.P.C., Police Station Kotwali, Ghazipur. (13) Case Crime No. 165/96, under Sections 323/352/307 I.P.C., Police Station Kotwali, Ghazipur. (14) Case Crime No. 169/96, under Section 302 I.P.C., Police Station Mohammadabad, Ghazipur. (15) Case Crime No. 192/96, under Section 3 of U.P. Gangster Act, Police Station Kotwali, Ghazipur. (16) Case Crime No. 284/96, under Section 3 N.S.A. Act, Police Station Kotwali, Ghazipur. (17) Case Crime No. 285/90, under Section 302 I.P.C., Police Station Bhelupur, District Varanasi. (18) Case Crime No. 229/91, under Sections 147/148/302 I.P.C., Police Station Chetganj, District Varanasi. (19) Case Crime No. 19/97, under Sections 364/365/302/120 -B, 34 I.P.C., Police Station Bhelupur, District Varanasi. (20) NCR/9/97, under Section 506 I.P.C., Police Station Saidpur, District Ghazipur. (21) Case Crime No. 52/98, under Section 3 N.S.A. Act, Police Station Bhelupur, District Varanasi. (22) Case Crime No. 37/99, under Section 3 N.S.A. Act, Police Station Kotwali, District Ghazipur. (23) Case Crime No. 17/99, under Section 506 I.P.C., Police Station Bhelupur, District Varanasi. (24) Case Crime No. 106/99, under Sections 307/302/120 -B I.P.C., Police Station Hazratganj, Lucknow. (25) Case Crime No. 209/2002, under Section 3/7; 25 Arms Act, Police Station Hazratganj, District Lucknow. (26) Case Crime No. 116/2001, under Section 364 -A I.P.C., Police Station Anpara, District Sonebhadra. (27) Case Crime No. 9 -A/2004, under Sections 147/148/149/307 I.P.C., Police Station Cantt. Lucknow. (28) Case Crime No. 1580/05, under Sections 147/148/149/302/435/436/153 -A I.P.C., Police Station Kotwali Mau, District Mau. (29) Case Crime No. 493/2005, under Sections 302/506/120 -B I.P.C., Police Station Mohammadabad, Ghazipur. (30) Case Crime No. 589/2005, under Sections 147/148/149/302/307/120 -B I.P.C. and 7th Criminal Amendment Act, Police Station Bhanwar Kol, District Ghazipur. ;