CHANDRA PRAKASH TYAGI Vs. STATE OF U.P. AND ANR.
LAWS(ALL)-1998-9-195
HIGH COURT OF ALLAHABAD
Decided on September 01,1998

CHANDRA PRAKASH TYAGI Appellant
VERSUS
State of U.P. And Anr. Respondents

JUDGEMENT

S.K. Phaujdar, J. - (1.) ALL these four cases have been taken up together as a common prayer has been made and a common point of law arises. These applications relate to Case Crime Nos. 178 of 1991 (Under Section 307, I.P.C., P.S. Khekhra), 87 of 1997 (under Section 302, I.P.C.P.S. Modi Nagar), 352 of 1991 (Under Section 307.I.P.C.P.S. Brahmapuri), 523 of 1993 Under Sections 147, 148, 149 and 307, I.P.C.P.S. Lalkunti), all belonging to district Meerut.
(2.) IN the first -mentioned case, the applicant was not mentioned in the F.I.R. The only person named therein was Rabi Datt Tyagi against whom a charge -sheet was submitted. It is stated that Rabi Datt is dead but there has been an initiation of a further investigation after submission of the charge -sheet. In the second mentioned case, one Kamal Kishore was named in the F.I.R. with two unknown persons and charge -sheet was submitted and, in this case also, further investigation has been taken up subsequently. The third case, as above, was initiated against Rabi Datt Tyagi and another. There was no injury caused to anybody. Rabi Datt Tyagi was allegedly arrested on the spot. Charge -sheet was submitted. Rabi Datt died thereafter and subsequently a further investigation has been started in this case. The fourth case was one in which the applicant was named an accused and though charge -sheet was submitted, the matter was being investigated further by the local police.
(3.) THE applicant Chandra Prakash Tyagi claims to be an advocate practicing in the District Bar, Meerut, and claims membership of the Supreme Court Bar Association also. As stated above, the common prayer in all these cases is that investigation may be entrusted to the C.B. C.I.D or the C.B.I.;


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