Rajeev Misra, J. - (1.) The first informant Km. Aayasha has filed the present writ petition challenging the order dated 15.6.2016 passed by the respondent No. 2 Senior Superintendent of Police, Muzaffar Nagar, whereby the investigation of Case Crime No. 102 of 2016, under sections 147, 148, 149, 302/34 IPC, P.S. Meerapur, District Muzaffar Nagar, has been transferred from the local police of District Muzaffar Nagar to C.B.C.I.D., Meerut Region, Meerut. A further prayer has been made to call for the order dated 18.5.2016 passed by the respondent No. 1 the Secretary, Department of Home, Government of U.P., Lucknow, whereby a decision was taken by the State Government to transfer the investigation of the above mentioned crime number to the C.B.C.I.D.
(2.) We have heard Mr. I.K. Chaturvedi, learned counsel for the petitioner and Mr. Ajit Ray, learned A.G.A. representing the respondent Nos. 1, 2, 3 and 4.
(3.) Vide order dated 02.02.2017 passed on the writ petition, notices were issued to the respondent No. 5. The Office has submitted a report dated 26.7.2017 stating therein that pursuant to the order dated 2.2.2017, notices were issued to the respondent No. 5 by registered post with acknowledgement due fixing 20.3.2017, as the next date in the present writ petition. However, neither the acknowledgement, nor un-deliverred cover has been received so far. As such, the service of notice upon the respondent No. 5 shall be deemed to be sufficient under the provisions of Explanation II to Rule 12 of Chapter VIII of the High Court Rules.;