- (1.) HEARD Shri Tej Pal and Sukhendra Pal Singh, learned Counsel for the petitioner and learned Additional Government Advocate.
(2.) THIS writ petition has been filed for quashing the impugned FIR and investigation of case Crime No. 278 of 2006, under Sections 302/506/323/120-B, IPC, police station Sector 24 Noida, district Gautam Budh Nagar and also the prosecution in Criminal Case No. 10067 of 2006, State v. Kaloo Ram and Ors. , pursuant to the said FIR, pending in the Court of the Chief Judicial Magistrate, Gautam Budh Nagar and the related FIR in case crime No. 281 of 2006, under Section 25, Arms Act and the prosecution of the consequent criminal case bearing No. 10090 of 2006, State v. Bijender Singh, pending in the Court of the Chief Judicial Magistrate, Gautam Budh Nagar and to transfer the investigation of Crime Nos. 278 of 2006 and 281 of 2006 to some independent agencies, such as C. B. I. or C. B. C. I. D. . It may be mentioned that when this writ petition was filed, no order was passed staying the proceeding. However, an order was passed on 8-11-2006 by an earlier Division Bench directing the Home Secretary, Government of U. P. , Lucknow to dispose of the petitioner's representation dated 26- 10-2006 (Annexure-48) within a period of six weeks from the date of production of a certified copy of the order before him. When the case came up today, learned Counsel for the petitioner has pointed out that the State has not obtained necessary directions from the Home Secretary about the disposal of his representation dated 26-10-2006 even though time was granted earlier. We, therefore, decided not to extend the time any further and instead heard the learned Counsel for the petitioner and learned Additional Government Advocate.
(3.) THE allegations in the impugned FIR were that there was enmity between the deceased Jaswant Singh Tyagi, the Principal of Gandhi Smarak Vidyalay, Sector 22, Noida and the ex-Manager, i. e. , the petitioner Bijender Singh. On 8-8-2004 an attack was made on the deceased Jaswant Singh and his son Rajiv Tyagi in the office premises as a result of which Rajiv Tyagi died on the spot, whereas Jaswant Singh Tyagi survived after treatment. In that case petitioner and other accused persons were involved and petitioner was on bail and 24-7-2006 was the date fixed for evidence in which pressure was being exerted on the deceased to compromise the matter. THE petitioner and other accused entered into a conspiracy in pursuance whereof on 21-7-2006 at about 12. 30 noon when the deceased Jaswant Tyagi and the subsequent Manager Krishna Pal Singh Yadav and his Constable Mirza Ali Raza were proceeding from the College in Maruti Car bearing No. U. P. 16k-4337 to Noida Authority, in front of Government College when the car slowed down, four persons came armed with pistols and crying that the deceased should not be spared, resorted to indiscriminate firing. One Mukesh, who was sitting at the back seat of the car, shouted enemies Kalu Ram and petitioner Bijender were there and they should run. THEn the informant Krishna Pal Singh Yadav started running from the car. When they returned, they saw the deceased and constable Mirza Ali Raza badly injured, they were rushed to the Government hospital where doctor declared them dead. As admittedly, the charge-sheet has been submitted and cognizance was also taken, the learned Counsel for the petitioner did not press the prayer for quashing of the FIR or the criminal proceeding pursuant thereof in this writ petition. He, however, contended that the case should be transferred to some independent agencies, such as C. B. I. or C. B. C. I. D. . He sought to argue that there is no absolute fetter on transfer of the investigation to the C. B. I. or C. B. C. I. D. even after submission of the charge- sheet.;