Amar Saran, A.K.Roopanwal - (1.) -List has been revised.
(2.) LEARNED counsel for the petitioner, learned A.G.A. and learned counsel for private-respondent Sri N. I. Jafri are present. Heard. This petition has been filed challenging an order dated 25.4.2006, passed by the State Government transferring the investigation of the case in Case Crime No. 162 of 2005, under Sections 302/307, P.S. Hapur Dehat, district Ghaziabad, to the C.B.C.I.D.
(3.) IT is contended by the learned counsel for the petitioner that charge-sheet has already been submitted against the co-accused and cognizance was taken by the A.C.J.M., Hapur, Ghaziabad by order dated 23.12.2005. Therefore, there was no justification for transferring the case thereafter to the C.B.C.I.D. By an order dated 8.7.2006, this Court had even stayed the investigation of the case by the C.B.C.I.D. Reliance has been also placed on the C.B.C.I.D. v. Rajesh Gandhi and another, 1997 SCC (Cri) 88, for the proposition that an accused has no right to decide as to the agency which should be entrusted with the investigation of the case.;