Amar Saran, J. - (1.) WE have heard Sri V. P. Srivastava, senior advocate, assisted by Sri D. V. Singh learned counsel for the petitioner, Sri Manish Tewari learned counsel for the respondent No. 5 and learned A.G.A. and perused the affidavits filed by the parties.
(2.) THIS writ petition was filed for the following reliefs : "(a) Issue writ order or direction in the nature of certiorari for quashing the impugned first information report dated 19.4.2006, lodged by the respondent No. 4, as Case Crime No. 62307060121 of 2006, F.I.R. No. 108 of 2006 under Section 326, I.P.C. Police Station Colonelganj district Allahabad (Annexure-1 to the writ petition). (b) To, issue a writ, order or direction in the nature of mandamus commanding the respondent authorities not to arrest / prosecute the petitioner, nor to adopt any coercive measures, harassment etc. in pursuance of the first information report dated 19.4.2006, lodged by the respondent No. 4 as Case Crime No. 62307060121 of 2006, F.I.R. No. 108 of 2006 under Section 326, I.P.C. Police Station Colonelganj district Allahabad (Annexure-1 to the writ petition). (c) Issue writ order or direction in the nature of mandamus directing the Central Bureau of Investigation to investigate the matter of Case Crime No. 62307060121 of 2006, F.I.R. No. 108 of 2006 under Section 326, I.P.C., P.S. Colonelganj, district Allahabad. (d) Issue any other suitable writ, directions or order which this Hon'ble Court may deem just and proper in the facts and circumstances of the case filed by the petitioner before this Hon'ble Court for redressal of his grievance. (e) To award the cost of the writ petition to the petitioner." However, at the time of arguments, learned counsel for the petitioner submitted that he does not press the reliefs '(a)' and '(b)' and he was pressing only relief '(c)' that the matter pertaining to Case Crime No. 62307060121 of 2006, F.I.R. No. 108 of 2006, under Section 326, P.S. Colonel Ganj, district Allahabad, be investigated by the C.B.I. The facts of this case as disclosed in the F.I.R. were that Rama Kant Misra, an ex-M.L.A., left his home in mohalla Balrampur, Allahabad, for a morning walk at 7 a.m. on 19.4.2006. Near the residence of Siddhartha Gautam, two young men riding on a motorcycle threw acid on him due to some political enmity. As a result of this acid attack, his face and chest were grievously charred and Rama Kant Misra fell at the spot. He was taken to Alka Hospital and thereafter a report to this effect was lodged by his son Rajendra Kumar Misra on 19.4.2006 at 9.30 a.m. at police station Colonelganj, Allahabad.
(3.) IT has been mentioned in paragraph 8 of the counter-affidavit filed by S.I., P.S. Colonelganj, district Allahabad, that after his initial medical examination by a doctor at S.R.N. Hospital at Allahabad on 9.4.2006 at about 10.55 a.m. he was flown to New Delhi and had been admitted to Safdarjang Hospital, New Delhi. IT has further been mentioned in the said paragraph that the statement of Rama Kant Misra was recorded on 23.4.2006 by Sri P. D. Meena, A.S.I., at the Safdarjang Hospital, New Delhi. In the said statement Rama Kant Misra is said to have disclosed that the acid was thrown on him by the petitioners, Gulab Singh and Deepak Patel and that they were accompanied by a third person. The said statement was recorded by Sri Meena after obtaining a certificate of fitness of the injured from the concerned doctor. Rama Kant Misra died on 8.6.2006 at Safdarjang Hospital in New Delhi and after his death the case was converted into one under Section 302, I.P.C. by C.D. No. 16 of 2006. A writ petition was thereafter filed by the petitioners before this Court in which the following orders were passed staying the arrest of the petitioners by a Division Bench on 2.6.2006 : "Heard learned counsel for the petitioners and learned Additional Government Advocate representing respondent Nos. 1, 2 and 3. He prays for and is granted a week's time to file counter-affidavit. Respondent No. 4 may also file counter-affidavit within the same time. Petitioner will have three days thereafter for filing rejoinder-affidavit. Petitioner will take steps for service of the notice on respondent No. 5 by speed post. Office will hand over dasti notice to the counsel for the petitioner for serving respondent No. 5 fixing a date after one week. The petitioner shall not be arrested in Case Crime No. 62307060121 of 2006, under Section 326, I.P.C, Police Station Colonelganj, district Allahabad till 20.6.2006. Put up on 20.6.2006." ;