Ramesh Sinha, J. - (1.) By means of this petition, the petitioner has prayed for a direction to the respondent no. 2-State of U.P. through Principal Secretary Home, Lucknow to handover the investigation of case crime no. 241 of 2015 under sections 147, 148, 149, 323, 302, 307, 504, 506, 427, 458 I.P.C. and 7 C.L.A. Act, police station Jarcha, District Gautam Budh Nagar to Central Bureau of Investigation and further stay the proceedings of case no. 2695 of 2015 arising out of the said case.
(2.) The brief fact of the case is that the F.I.R. of the present case was lodged by one Ikramun wife of Akhlaq on 28.9.2015 for the offence under sections 147, 148, 149, 323, 307, 504, 506, 427, 458 I.P.C. and 7 C.L.A. Act at police station Jarcha, District Gautam Budh Nagar against 10 named and 4-5 unknown persons with respect to an incident said to have taken place on 28.9.2015 at 22:00-23:00 hours which was registered as case crime no. 241 of 2015 at 23:30 hours. In the said incident, the husband and son of the informant, namely, Akhlaq and Danish have received serious injuries at the hands of accused persons named in the F.I.R., who were armed with lathi, danda and sword etc. Subsequently, the husband of the informant, namely, Akhlaq succumbed to his injuries, hence the case was converted under section 302 I.P.C.
(3.) On 29.9.2015, the police also took possession of suspected flesh weighing about 2 kg., four legs and skin of animal from the place of occurrence, i.e., village Bisada in the presence of witnesses. The said sample was sent to Forensic Veternity Laboratory Mathura on the same day by the Veterinary Hospital Dadri, District Gautam Budh Nagar. The investigation of the case was carried out and charge-sheet dated 22.12.2015 has been submitted against accused persons named in the F.I.R. before the competent court at district Gautam Budh Nagar on which the court has taken cognizance and case has been committed to the Court of Session on 18.9.2016. The trial of the present case is pending before the Additional Session Judge (F.T.C.), Gautam Budh Nagar being S.T. No. 148 of 2016 State v. Rupendra & others which is at the stage of framing of charges against the accused persons.;