- (1.) VINOD Prasad, J. Petitioner Omveer is the first informant of FIR of Crime. No. 302 of 2007, under Sections 302, 307, IPC, police station Bisrakh, District Gautam Budh Nagar. The said FIR was lodged on 2-12-2007 at 4. 30 p. m. in respect of a murder executed on the same day at 1. 45 p. m. The malefactors named in the FIR are Charan Singh, Sunder, Vijendra and Hoshiyar Singh. Luxman had died in the said incident whereas Yogendra had sustained serious injuries.
(2.) REGISTRATION of FIR engineered the investigation. Two of the accused Charan Singh and Sunder preferred Criminal Miscellaneous Writ Petition No. 2405 of 2008 for quashing of the said FIR and stay of their arrest and the matter to be get investigated by C. B. I. The said writ petition came up before us, which was dismissed on 28-2-2008 by observing that the charge-sheet has already been submitted and hence, the writ petition had become in fructuous. According to the case of the present petitioner, the aforesaid two accused, namely, Charan Singh and Sunder are influential persons and they, by using economic force, had earlier got the investigation transferred from police station Bisrakh to police station Kotwali Dadri from SSP Gautam Budh Nagar but even police of police station Kotwali Dadri submitted charge-sheet on 4-2-2008 being Charge sheet No. 14 of 2008 against them on which the cognizance was taken by CJM on 15-2-2008 and case No. 2114 of 2008 was registered against the charge-sheeted accused in the Court of C. J. M. vide Annexure 3 to the writ petition. The accused persons, however, kept on threatening the informant and other people as except Hoshiyar Singh rest had not surrendered in the aforesaid crime number till date and therefore, the present petitioner was compelled to file Criminal Miscellaneous Writ Petition No. 1679 of 2008 praying therein that the aforesaid accused persons of the murder charge be arrested. Since the accused persons had not surrender, the lower Court had also issued process under Sections 82, 83, Cr. P. C. but the police, according to the case of the informant petitioner, is not arresting the accused persons and executing the said process.
(3.) IT was at this stage, that accused persons approached C. J. M. Gautam Budh Nagar praying for further investigation under Section 173 (8), Cr. P. C. The said prayer of the accused persons was rejected by C. J. M. Gautam Budh Nagar vice his order dated 26-3-2008 vide Annexure 5 to this writ petition. It was after that the accused persons approached the State Government, who vice impugned order dated 27-3-2008 transferred the investigation to SIS Ghaziabad vide order dated 26-3-2008. The said order which is Annexure 6 to this writ petition is under challenge before us.;