- (1.) AMAR Saran, J. These are two criminal writ petitions between the same parties which are being disposed of by this common order.
(2.) CRL. Misc. Writ Petition No. 11425 of 2006 was filed by petitioner, Vijay Kumar Kataria with a prayer that the investigation by the local police in pursuance of FIR dated 5-5- 2006 in Case Crime No. 54 of 2006, under Sections 307/120-B, IPC P5 Chandi Nagar, District Baghpat, was not being conducted fairly and no efforts are being made to arrest the accused. In that case an order was passed on 26-9-2006 giving two weeks' time to the learned AGA to seek instructions. Crl. Misc. Writ Petition No. 14699 of 2006 was filed by the same petitioner challenging the transfer of the investigation from the local police to the CBCID by the order of the Secretary (Home), Government of U. P. dated 26-10-2006 (vide Annexure-1 to the writ petition ). In this case an order was passed by a Division Bench consisting of Hon. R. C. Deepak and Hon. G. P. Srivastava, JJ. on 6-2-2006 directing the DGP (CBCID) to file a counter-affidavit, within 3 weeks and also directing the Investigating Officer of the local police to appear before the Court alongwith all relevant documents and to file a counter- affidavit indicating progress of investigation (including arrest etc. ). It was further directed that till the next date of listing (4-1-2007) the order of the Secretary (Home), U. P. Government, Lucknow, transferring the investigation in Case Crime No. 54 of 2006 to the CBCID, should remain stayed. The said order was extended from time to time. We have heard Sri G. S. Chaturvedi, Senior Advocate, assisted by Sri Samit Gopal, for the petitioner, and Sri Satish Trivedi, Senior Advocate, assisted by Sri Upendra Singh for the private-respondent No. 4, Arjun Vasudeva alias Sheru, respondent No. 5, Aman Deep Singh, respondent No. 6, B. L. Bhatia and respondent No. 7, Jess Bolina.
(3.) A detailed counter-affidavit has been filed on behalf of private respondents No. 5, 6 and 7 in Crl. Misc. Writ Petition No. 11425 of 2006 by respondent No. 6 B. L. Bhatia and Col. Sudhir Vasudeva has filed a counter-affidavit on behalf of respondent No. 4. The petitioner has filed two rejoinder affidavits in Crl. Misc. Writ Petition No. 11425 of 2006 to the counter-affidavits of B. L. Bhatia and Col. Sudhir Vasudeva. A counter-affidavit has also been filed by Sri Om Prakash Singh, Dy. S. P. (C. O.), Baraut, District Baghpat, who was conducting the investigation after it was handed over to him from the earlier Investigating Officer SI R. B. Naiyar since 14-5-2006, on behalf of respondents 1, 2 and 3 in the said writ petition. He says that he made efforts to arrest the accused but as they were absconding he has obtained an order under Section 82, Cr. P. C. from the Court of ACJM, Baghpat, and that the investigation was being conducted in a fair manner. In Crl. Misc. Writ Petition No. 14699 of 2006, respondent No. 6, B. L. Bhatia has filed a counter- affidavit dated 20-12-2006 and Col. Sudhir Vasudeva has filed a counter affidavit dated 4-1- 2007 on behalf of respondent No. 4 and a counter-affidavit dated 3-1-2007 was filed by Yashwant Singh Pundeer, Inspector, CBCID mentioning that the investigation was transferred to the CBCID by order of the Secretary (Home), Government of U. P. dated 26-10- 2006. The deponent was entrusted with the investigation on 9-11- 2006 and after obtaining the case-diary and other material he tried to call the informant/petitioner but he was not available and did not respond to his telephonic calls. He has prepared an investigation plan for conducting the investigation which is annexed as Annexure-CA-1 but after he received information that the High Court has stayed the State Government's order dated 26- 10-2006 on 6-12-2006 he stopped investigation in the case. Another counter-affidavit dated 4-1-2007 has been filed by Gulab Chandra Arya, Dy. S. P. CBCID, Sector Meerut, on behalf of respondent No. 2 DGP (crime), CBCID, Lucknow. A rejoinder affidavit dated 4-1-2007 has been filed by the petitioner wherein he admits that one averment in the counter-affidavit filed by Dy. S. P. Gulab Chandra Arya, that he had not met the DGP is correct and actually he had met the SP Baghpat who is respondent No. 2 in Crl. Misc. Writ Petition No. 11425 of 2006. He has also filed rejoinder affidavits dated 4-1-2007 to the counter- affidavits of Yashwant Singh Pundeer, Col. Sudhir Vasudeva on behalf of respondent No. 4 and B. L. Bhatia on his own behalf.;