Amtava Lala, J. - (1.) By means of this writ petition the petitioner seeks a writ of mandamus commanding the respondents to transfer the investigation of Case Crime No. 161 of 2005 dated 13th July, 2005 registered at Police Station Mangalpur (Derapur), District Kanpur Dehat, U.P., under Section 302 of Indian Penal Code (hereinafter in short called as "I.P.C.") and the petitioner's complaint dated 13th July, 2005 recorded on 14th July, 2005 vide G.D. Entry No. 27, under Section 302 I.P.C., to the Central Bureau of Investigation (hereinafter in short called as "C.B.I."), the respondent no. 3 herein.
(2.) Brief facts of the case are given hereunder. Brother of the petitioner was a political worker. In 2001 a first information report (hereinafter in short called as "F.I.R.") was registered against him on the complaint of another person. However, on investigation the allegations levelled against him were found unsustainable and final report was submitted in the case. The petitioner's brother was also a dealer of kerosene oil. It is contended that the Superintendent of Police, who by name has been made party as respondent no. 2 herein, has a relation with another stockist dealer of kerosene oil of the locality. By virtue of such relation the other stockist was showing influence, an enmity had been developed between him and the deceased. On the fateful day some of the persons fired upon the brother of the petitioner when he died. According to the petitioner, it was a planned conspiracy of the said Superintendent of Police. When a complaint was lodged against such Superintendent of Police, he became hostile. The petitioner's complaint was not allowed to be registered on the date of occurrence. However, instead of recording such F.I.R. the police authorities have recorded another F.I.R. in Case Crime No. 161 of 2005, where under one constable is shown as complainant. However, G.D. entry was made only on 14th July, 2005 after various efforts. Grounds in the G.D. entry are mentioned in the paragraph-17 of the writ petition. Another F.I.R. was lodged in respect of the other incident on 09th September, 2005 under Sections 395/397 I.P.C..
(3.) However, we find from the record that a writ petition, being Writ Petition (Crl.) No. 297 of 2005, Shiv Nayak Singh v. State of U.P. and others was filed before the Supreme Court under Article 32 of the Constitution of India which was dismissed by the Supreme Court on 18th November, 2005 with the direction that the petitioner may avail such remedies as are available to him in law. The order is set out hereunder: "Having heard learned counsel for the petitioner, we are of the opinion that this petition under Article 32 of the Constitution of India is not maintainable. The writ petition is dismissed. The petitioner may avail such remedies as are available to him in law.";