- (1.) We have heard Shri Braham Singh, learned counsel for the petitioner; Shri A.K. Sand, Additional Government Advocate for the State and Shri V.P. Srivastava, Senior Advocate assisted by Shri Lav Srivastava for respondent no.4.
(2.) Nipendra Singh has filed the present writ petition for following reliefs:- "a. to issue a writ, order or direction in the nature of mandamus transferring the investigation of the case vide Case Crime No.703 of 2016 under Section 420, 467, 468, 471 IPC, Police Station Civil Lines, District Rampur to some other independent Investigating Agency of some other district; b. to issue a writ, order or direction in the nature of mandamus commanding the respondents to arrest the accused persons of the present case so that they could not influence/win over the witnesses of the present case; c. to issue any other writ, order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case; d. to award the cost of the writ petition to the petitioner."
(3.) Initially the matter was taken up on 5.5.2017 and the Court had proceeded to pass a detailed order whereby notices were issued to respondent no.4 through Chief Secretary of the State of U.P. asking him to file his response by the next date fixed in the matter. The relevant portion of the order is reproduced herein below:- "In these circumstances the petitioner has no hope to get justice from the police of police Rampur, hence, the investigation of the case be transferred to some other Investigating Officer of some other district of U.P. The averments which have been made by the petitioner in the writ petition particularly para nos. 38, 39, 40 and 41 appears to be alarming one, prima facie, it appears that the contention of the petitioner has substance. Let a notice be issued to respondent no. 4 through Chief Secretary of the State of U.P., who may file counter affidavit by the next date in the matter regarding averments made against him in the petition filed by the petitioner. Learned counsel for the petitioner shall also take necessary steps forthwith for service of notice to respondent no. 4. The Chief Secretary of the State of U.P. is also directed to place the copy of this order before Hon'ble The Chief Minister of the State for necessary information within three days from receiving of the certified copy of this order by the Registrar General of this Court and Chief Secretary of the State shall file his personal affidavit regarding the same by the next date. The Superintendent of Police, Rampur is also directed to appear in person before this Court and show cause as to why the then Investigating Officer Sri Rajendra Prasad, who was In-charge Inspector of Crime Branch investigating the case under the orders of D.I.G., Moradabad has been transferred to Police Lines, Rampur. The Registrar General of this Court is directed to send certified copy of this order to Chief Secretary , D.G.P., U.P. Lucknow as well as S.P. Rampur for its compliance forthwith. List the matter on 22nd May, 2017." ;