- (1.) AS we have already rejected the petitioners' prayer for quashing of the FIR and staying their arrest on 5- 10- 2006, the petitioners' Counsel did not appear. However, we proceed to hear the learned AGA, Sri A. K. Sand as we had also made some general queries and issued general directions by our dated 5-10- 2006 which were directed primarily at the Investigating Officer of Crime No. 960 of 2004, the DGP, U. P. and the Registry of this Court.
(2.) AT the outset, we must express our strong displeasure and anguish with the manner in which our directions have been ignored, which were intended to make the investigational system more efficient and to revive cases which seemed to have been forgotten or put in the back burner by the Investigating Officers and the State Government. On 5-10-2006 we had granted over two months' time to the aforesaid respondents to comply with our directions which insofar as they are relevant for this order were: "1. The Investigating Officer is directed to positively conclude the investigation of this case as well as other cases arising out of the same Crime Number, and FIR at Case Crime No. 960 of 2004, under Sections 419/420/466/468/ 471/409 IPC, police station Kotwali Azamgarh, District Azamgarh within two months. 2. The case is to be listed again on 7-12-2006. On that date the Investigating Officer shall be present in Court alongwith the case diary, indicating the progress of the investigation of this case. He shall also submit an explanation as to why the investigation was not concluded inspite of orders of this Court dated 25-8-2004 and 29-3-2006 directing him to conclude the investigation within three months. 3. The Director General of Police, U. P. is directed to submit a status report of the progress of investigation in all cases in different police stations in the State of U. P. , or where investigation was entrusted to other agencies such as the CB CID and where orders were passed by this Court for conclusion of investigation within three months or other fixed periods of time, on the next date of listing. The DGP is also directed to issue directions to the S. S. Ps. , S. Ps. of all districts in U. P to get investigations concluded in all cases in which writ petitions have been filed and are pending in the High Court or have been disposed of, within a fixed time frame, and to submit a compliance report on the next date of listing.
(3.) THE DGP is also directed to obtain information from the police stations, the office of the Government Advocate and the High Court, registry about all criminal writs and other cases relating to different kinds of scams, such as scholarship scam as in the present case, scams relating to land deals, arms licenses, etc. and to get the cases relating to each kind of scam clubbed and to get their investigation concluded expeditiously within a fixed time frame. THE DGP may submit a report showing the steps taken in compliance with this direction on the next date of listing. " 4. However when the case was listed again on 7-12-2006 the Investigating Officer was present and he stated that after investigation, he had submitted a charge-sheet against the petitioners. 5. An affidavit of Sri L. P. Misra, Dy. S. P. (Legal Cell), DGP Headquarters, Lucknow, dated 7-12-2006 was also filed on behalf of the State Government which contained a circular letter of the DGP dated 21-10- 2006 directing the SSPs/sps/in charge of different districts, to give highest priority to investigations concerning various scams, under the supervision of the said officers, and the same were required to be disposed of by 30-11- 2006. A list of such scams was also required to be prepared and weekly review of the matters was directed. By the next date fixed, (i. e. 7-12-2006), reports of the progress of investigations conducted by all the investigating machineries in different districts, including CBCID, Vigilance Department, Economic Offences Wing, were to furnished details to be submitted to the High Court in three proformas which were appended to the DGP's circular dated 21-10-2006. THE said information was to be collected by 31-10-2006 and sent to the Regional DIG by 3-11-2006 for onward transmission to the DGP Headquarters by 6-11-2006. It was also recommended that the said information should be entered in the computer on the Krishna font for convenience and ready reference. The three proformas appended to the DGP's circular dated 21- 10-2006 required the following information. The first proforma required a progress report of pending investigations, the writ number, name of the parties, time allowed by the High Court for conclusion of the investigation, district, police station, crime number and sections, informant's name, names of the accused, result of the investigation, reasons for the delay in investigation, police station/unit where investigation was pending.;