Vinod Prasad, J. - (1.) -Ubaish alias Kallan has approached this Court through the instant writ petition praying that the order dated 23.3.2008, passed by Deputy Inspector General of Police, Moradabad Range, Moradabad be quashed.
(2.) ACCORDING to the averments made in this writ petition, Hazi Rizwan Ahmad father of the petitioner is an Ex-M.L.A. He had defeated Akbar Hussain in the Election for the said post. However, in the past election for the State Legislature the said Akbar Hussain was declared elected on the ticket of B.S.P. and now is a Cabinet Minister with independent charge. ACCORDING to the petitioner, because of the rivalry with the sitting minister, the police is harassing the petitioner and his father. Saud Ahmad son of Matloob Ahmad lodged an F.I.R. of Case Crime No. 363 of 2007, under Sections 323, 324, 504, 506, 452 and 307, I.P.C. on 9.8.2007 at 10.30 a.m. in which he made the petitioner an accused alongwith Muzaffar and Nazir. The copy of the said F.I.R. is appended as Annexure-1 to this writ petition. The incident in the said F.I.R. was alleged to have occurred on 10.7.2007 in the morning. The case of the petitioner further is that under the influence of the aforesaid Minister, the police of police station Manathore, district Moradabad is not conducting the investigation fairly instead it is investigating the whole case according to the wishes of the said Minister. On 12.2.2008, the investigation of the aforesaid crime was transferred by D.I.G., Moradabad, Range Moradabad to district Jyotiba Phule Nagar vide Annexure-2 to this writ petition. The police of police station Jyotiba Phule Nagar commenced the investigation and the Investigating Officer S.O. police station Amroha Dehat recorded the statement of many witnesses and, according to the version of the petitioner, he came to the conclusion that the petitioner has been falsely implicated and therefore, so far as petitioner is concerned he gave a report that he has been wrongly nominated and the investigation in his respect is being closed. It is then averred in the writ petition that under the influence of the aforesaid minister the impugned order has been passed on 23.3.2008 for re-transferring the investigation from Jyotiba Phule Nagar to Moradabad by D.I.G., Moradabad Range, Moradabad, which order has been questioned in the instant writ petition.
(3.) ON the said fact, we have heard Sri D. S. Mishra, learned counsel for the petitioner and learned A.G.A. in opposition. Sri D. S. Mishra, learned counsel for the petitioner invited our attention to various paragraphs from paragraphs 13 to 18 of the writ petition and contended that the petitioner is being harassed at the instance of the Minister because of the rivalry with the father of the petitioner. He further contended that there is no reason assigned in the impugned order for re-transferring the investigation from Jyotiba Phule Nagar to Moradabad and this transfer was done because the Investigating Officer of Jyotiba Phule Nagar had opined that the petitioner has been wrongly nominated. He further contended that the impugned order is against the principle of natural justice as no opportunity of hearing was given to the petitioner before passing the said order and because the impugned order of transfer is bereft of any reason hence, it is an arbitrary exercise of power. Concludingly, he contended that the impugned order of re-transferring the investigation from Jyotiba Phule Nagar to Moradabad be quashed.;