- (1.) Heard Sri Satish Kumar Tyagi, learned counsel for the petitioner, Sri Anand Saurabh, learned counsel for the respondent no. 6 as well as Sri N.K. Verma, learned A.G.A. appearing for the State and perused the impugned F.I.R. as well as material brought on record.
(2.) The relief sought in this petition is for quashing of the order dated 30.12.2016 passed by Up Sachiv, Government of U.P. Lucknow-respondent no. 2.
(3.) It has been contended by the learned counsel for the petitioner that the accused respondent no. 6 was named in the F.I.R. along with two other co-accused persons and after investigation charge sheet was submitted against two co-accused persons on 1.7.2016 and thereafter, the case was committed to the Court of Session on 30.7.2016. The charge sheet has also been submitted against the said accused person on 25.10.2016. He argued that the petitioner, who is the informant of the case had earlier approached this Court and filed Crl. Misc. Writ Petition No. 23873 of 2016 in which S.S.P. was ordered to conclude the investigation vide order dated 5.12.2016, copy of the order has been annexed at page no. 48 of the writ petition. He further submitted that in pursuance of the order dated 5.12.2016, the accused respondent no. 6 Deepu Patel alias Saurabh was arrested and thereafter charge sheet has been submitted against him on 1.12.2016 and after his arrest on 30.12.2016, an application moved by his father respondent no. 7 Ram Murti Patel for transfer the investigation to C.B.C.I.D. in pursuance of the same the State Government transferred the investigation to C.B.C.I.D. He further argued that as the trial of the case is in progress and case was committed to the court of Sessions, hence the impugned order for transfer the investigation at the instance of the accused is wholly illegal and the same may be quashed.;