- (1.) A. N. Gupta, J. A British national Mr. Gordon Karr came to dwell in India. Till 1995, he was on an Indian Visa. There after he settled down in village Jahan-girabad, P. S. Masauli, District Barabanki. He embraced Islam and changed his name as Mohd. Usuf Karr. He married one Mus lim lady Smt Zeenat. It is said that Maulana Sajjad Nomani converted him to Islamic religion and got him married to Smt. Zeenat, Raja Jamal Rasool Khan and his mother Smt. Zubeda Khatoon were landlords of old Riyasat of Jahangirabad and owned a large chunk of land. Some of their land was declared surplus under the' provisions of U. P. Imposition of Ceiling on Land Holdings Act, 1960. Now Smt. Zubeda Khatoon is dead. Sri Ram Autar Yadav was manager of Raja Jamal Rasool Khan. All of them were interested in saving the land from ceiling operations. With that end in view, Smt. Zubeda Khatoon had executed a sale deed dated 2-1-1976 in respect of plot Nos. 23,24 and 25 to Ram Autar Yadav. Subsequently, Mohd. Usuf Karr alias Gordon Karr pur chased plots No. 22, 23, 24 and 25 from Smt. Zubeda Khatoon for a consideration of Rs. 5,00,000/- which he paid and at the time of striking bargain Raja Jamal Rasool Khan and Ram Autar Yadav were prestnt. Instead of executing a sale deed two gift deeds sometimes in the year 1991, were executed in favour of Smt. Zeenat and her mother. Since the land which had been declared as surplus in the ceiling opera tions, was transferred to Smt. Zeenat and her mother (in fact Mohd. Yusuf Karr alias Gordon Karr) it gave rise to some com plications.
(2.) THE other part of the story is that Maulana Sajjad Nomani was very close to Mohd. Yusuf Karr and his family members, therefore, he not only persuaded Mr. Gor don Karr to embrace Islam but also got him married with a Muslim lady Smt. Zeenat, Maulana Sajjad Nomani used to claim himself as a religious leader. In the courseof time Mohd. Usuf Karr learnt that Maulana was not religious as he used to profess. He collected details about illegal collection of huge money by Maulana in the name of religion. Mohd. Usuf Karr-had made a complaint against Maulana to Is lamic Marqaz. He was also prepared to go personally to Islamic Marqaz to expose the misdeeds of the Maulana. This venture on the part of the deceased invited threats by one Junoon the nephew of Maulana Sajjad Nomani. During the night of 19/20-8-1993 Mr. Gordon Karr alias Mohd. Usuf Karr was found murdered inside his house. The FIR regarding this incident was lodged the next day by Bal Govind Chaukidar of the deceased. In the FIR it was mentioned that during the night at about 1. 30 a. m. some people came to the house of the deceased and started beating the deceased and his maid-servant Rasoolan. On- an alarm being raised those persons went away with an attach. In the incident the deceased and Rasoolan were also injured. On the basis of this FIR a case crime No. 218 of 1993 was registered. Another FIR was lodged on 2-9-1993, being Crime Case No. 224 of 1993 under Section 420, IPC, by Smt. Zeenat wife of the deceased against Raja Jamal Rasool Khan, his mother Smt. Zubeda Khatoon and their manager Ram Autar Yadav regarding fraudulent transaction in which the applicant was also named in the FIR for receiving a consideration of Rs. 5,00,000/- by way of cheating for gifting those plots which had been declared surplus under the ceiling operations.
(3.) THE State Government ordered in vestigation of both the cases by C. B. , C. I. D. THE C. B. C. I. D. filed three charge-sheets in Crime Case No. 218 of 1993 relating to murder of Mr. Gordon Karr alias Mohd. Usuf Karr under Sections 396/412/120-B/504/506, IPC. One charge-sheet was filed against Ram Chandra Yadav and Ramesh Yadav. THE second charge-sheet was filed against Raja Jamal Rasool Khan and Ram Avtar and the third was filed against Kallu. THEse charge-sheets were filed between November, 1993 to July, 1994. After committal proceedings they were converted into Sessions Trial Nos. 109/94, 271/94 and 270/94 respectively. THE said sessions trials are still pending. So far as Crime No. 224/93 under Section 420, IPC is concerned, C. B. CID filed two charge-sheets on 24-6-1994 and 12-7-1994 respectively. THE first charge-sheets dated 24-6-1994 was filed against Raja Jamal Rasool Khan and Ram Avtar and the second charge-sheet dated 12-7-1994 was filed against Smt. Zubeda Khatoon. After committal proceedings they were num bered as Sessions Trial No. 272/94 and Sessions Trial No. 17/95. THEse two ses sions trial are also pending. The CID after investigation also submitted charge-sheet under Sections 396/412/120-B/504/506, IPC, against Maulana Sajjad Nomani, Raja Jamal Rasool Khan, Ram Asrey Yadav and Junoon. The case on the basis of this charge-sheet has not yet been committed to the Court of Sessions. In the meantime the State Government by means of its order dated 6th October, 1994 directed the CID to reinvestigate the case and trans ferred investigation from one region of the CID to another. The investigating officer of the CID applied before the learned Magistrate for permission to re- inves tigate the case but the learned Magistrate rejected the application saying that he should approach the Sessions Court as many as five sessions trials were already pending there. Therefore, the investigat ing officer moved an application before the Court of Sessions for permission to conduct re-investigation in the matter under Section 173 (8), Cr. PC. In the ap plication it was specifically mentioned that" the State Government had ordered rein-vestigation of the case by means of letter dated 6-10-1994 and it was prayed specifi cally in the application that the CID be permitted to conduct re-investigation of the case. In the counter-affidavit filed on behalf of state it has been admitted that the State Government had ordered re-inves tigation. Learned Sessions Judge, Barabanki by means of impugned order dated 23-1-1995. permitted the CID to conduct re-investigation of the case against Maulana Sajjad Nomani and others. Ram Chandra Yadav has chal lenged order dated 23-1-1995 passed by Sessions Judge permitting re-investiga tion of the case by filing a petition under Section 482, Cr. PC. being Criminal Misc. Caseno. 72 of 1995.;