PRABHAT CHANDRA TRIPATHI,J. - (1.) This writ petition petition has been filed, inter alia, for the following relief: i) Issue a writ, order or direction in the nature of certiorari quashing the impugned orders dated 06.05.2017 and 10.07.2017 passed by the respondent no. 4 regarding change of Investigating Officer of Case Crime No. 901 of 2016, under Sections 147, 148, 149, 323, 324, 307 I.P.C. and Case Crime No. 904 of 2016, under Sections 147, 148, 149, 323, 307, 504 and 506 I.P.C.
(2.) Heard learned counsel for the petitioner, learned AGA and perused the record.
(3.) Learned counsel for the petitioner has submitted that the petitioner had lodged an F.I.R., which was registered as Case Crime No. 901 of 2016, under Sections 147, 148, 149, 323, 324, 307 I.P.C., Police Station Kotwali Gursahaiganj, District Kannauj on 14.12.2016 regarding an incident in which 18 named persons had violently beaten the brother and nephew of the petitioner who sustained grievous injuries. It is further submitted that on the basis of the F.I.R., the investigation was initiated by the Investigating Officer and accused Mohd. Raza, Abdul Jaleel, Irshad, Nafees and Sangu were arrested by the police on 14.12.2016 and from the possession of the accused Mohd. Raza one country made pistol and from the possession of Irshad one knife was recovered and recovery memo was prepared by the S.S.I. Naveen Kumar Singh. It is next submitted that for the same incident, the accused Irshad (informant of Case Crime No. 904 of 2016), who was in police custody, also lodged an F.I.R. which was registered as Case Crime No. 904 of 2016, under Sections 147, 148, 149, 323, 307, 504 and 506 I.P.C. as a counterblast against the 19 persons including the petitioner on 15.12.2016. It is further submitted that when the informant Irshad was arrested and from whose possession one knife was recovered, then it is clear that the cross F.I.R. was lodged by the informant Irshad in police custody on 15.12.2017 as a counterblast against the family members of the petitioner naming 19 persons including the petitioner as accused persons and nowhere it is mentioned that the informant Irshad had lodged the cross F.I.R. while he was in police custody.;