R.K.RASTOGI, J. - (1.) THIS is a Criminal writ petition for quashing of the order dated 5 -11 -2006 passed by the Superintendent of Police, Kushi Nagar and the order dated 29 -11 -2006 passed by the C.J.M., Kushinagar.
(2.) I have heard the learned Counsel for the applicant as well as the learned A.G.A. for the State. Since only a legal point is involved in the present case and there is no factual dispute, I have heard them on merits and I am deciding this writ petition at the admission stage. The facts relevant for disposal of this writ petition are that on 21 -2 -2006 at 6.45 p.m. Gyaneshwar Dubey, respondent No. 4 in the present case lodged a F.I.R. against the accused Vijai Pratap, his mother Smt. Sugandha Devi, elder brother Ram Pratap Dhar Dubey and wife of Ram Pratap under Sections 498A/304B/201 I.P.C. and 3/4 Dowry Prohibition Act and the police after investigation submitted a charge -sheet against the accused Vijai Pratap Dubey only. No charge -sheet was submitted against the remaining three accused. It was stated by the I.O. that they had been falsely implicated in the case and there was no evidence against them. This charge -sheet was submitted on 16 -5 -2006 by the I.O. and was filed in the Court on 30 -5 -2006 and cognizance was taken by the Court against the accused Vijai Pratap Dubey.
(3.) IT appears that thereafter Sri R. K. Srivastava S.P. Kushinagar on 5 -11 -2006 transferred the investigation of the aforesaid case from the C.O. Sadar to C.O. Khadda and it was further ordered that the C.O. Khadda should resume the investigation immediately and should collect evidence against the remaining accused and should ensure arrest of those accused persons and complete investigation at the earliest. Thereafter an application was moved by the C.O. Khadda before the Court of C.J.M. Kushi Nagar in which he prayed that he has to reinvestigate the case under the orders of the S.P. Kushi Nagar and so the entire case diary alongwith charge -sheet should be returned to him. The C.J.M. Kushinagar passed the following order on this application: ”Niyamnusar Pradan Kiya Jay”;