RAJEEV SINGH,J. - (1.) Heard Shri L.P. Mishra, learned counsel for the petitioners, Shri Sachindra Pratap Singh, learned A.G.A. and Shri Qazi Vakil Ahmad for the complainants.
(2.) This petition has been filed seeking the following main reliefs: "(a) To issue a writ, order or direction in the nature of certiorari quashing the impugned Government Order dated 24.12.2003 passed by the Opp-Party No. 1 together with all the consequential orders passed and the action taken in furtherance of the said Government Order dated 24.12.2003 by declaring the same as void, the true copy of which is contained as Annexure No. 1 to the writ petition. (b) To issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 19.02.2005 lodged against the petitioners U/S 342, 379, 427, 467, 468, 471, 120-B IPC and U/S 8/20/29 NDPS Act at Police Station Nawabganj, district Bahraich giving rise to the case crime No. 67 of 2005, the true copy of which is contained as Annexure No. 2 to the writ petition."
(3.) Facts giving rise to the dispute are that the petitioners, who are the police personnels, arrested one Sarfaraz Khan s/o Izhar Khan on 18th June, 2003 with one kilogram ''Charas' and prepared the recovery memo dated 18.06.2003. On the basis of the said recovery memo, an F.I.R. bearing Case Crime No. 202 of 2003 under Section 8/20 of NDPS Act, P.S. Nawabganj, District Bahraich was registered by petitioner no. 1 being Station House Officer and petitioner no. 2, being the Investigating Officer, recorded the statement of witnesses. After completion of the investigation, a charge sheet dated 6th July, 2003 in accordance with the provisions of Section 173 (2) of the Code of Criminal Procedure was prepared and submitted before the competent court against the accused, Sarfaraz Khan under Section 8/20 NDPS Act. The competent court took cognizance on the aforesaid charge sheet on 28th July, 2003. In the meantime, respondent no. 7, who is the father of the accused-Sarfaraz Khan made complaints to the Human Rights Commission as also to the State Government with the allegation that his son was taken into custody by the police illegally on 16th June, 2003 in connection with the abduction of one girl, namely, Sarita Devi d/o Chhote Lal Madesia r/o Nawabganj, Bahraich. Superintendent of Police, Bahraich ordered for inquiry on the complaint of respondent no. 7 by appointing Circle Officer, Nanpara, District Bahraich, namely, Sukh Ram Bharti as Inquiry Officer on 15th October, 2003. In this connection, Special Secretary, Home Department, Government of U.P. also sought report from the Superintendent of Police, Bahraich in writing vide letter dated 31st October, 2003. Circle Officer, Nanpara inquired into the matter and submitted his report to the Superintendent of Police, Bahraich on 17th November, 2003 with the finding that the application of respondent no. 7 is not tenable as the trial of Case Crime No. 202 of 2003, under Section 8/20 of NDPS Act against Sarfaraz is pending before the competent court on the basis of charge sheet No. 62 dated 06.07.2003 and, therefore, no any investigation is required by C.B.C.I.D. Superintendent of Police vide letter dated 19.11.2003 also recommended that there is no necessity for the matter being inquired by the C.B.C.I.D.;