- (1.) S. K. Agarwal, J. We have heard the learned counsel for the petitioners, Sri A. B. L. Gaur, and the learned A. G. A. for the State.
(2.) BY this petition the learned counsel for the petitioners want us to quash the order of the Government of U. P. dated 20-3-1998 on the grounds, inter alia, that the order dated 20-3-1998 is a non-speak ing order and no reasons have been as signed for cancelling the order dated 18-11-1997, that cancellation of the earlier order dated 18-11-1997 by the impugned order dated 20-3-1998 is malicious; and thirdly, that the impugned order dated 20-3-1998 has been passed without any ap plication of mind and under the political influence of Sri Markandey Chandra, who is a Minister in Government of U. P. In order to appreciate the above contention raised by the learned counsel, Sri A. B. L. Gaur, a few facts are necessary to be dis cussed. An incident had taken place on 7-10-1996 at 6. 00 p. m. This was the day on which the polling for the State Assembly was going on and the injured party was returning after the conclusion of the poll ing when this assault occurred. In this inci dent one person, viz. Om Prakash, lost his life and three persons bad received in juries. An F. l. R. of this incident was lodged on 8. 10. J9yo at 3. 40 p. m. after the medical examination, etc. of the injured and the deceased were completed. In this case the local polio. , i. e. P. S. Belaghat, District Gorakhpur, initially took up the investigation. Kailash Nath Pandey, S. I. , initially proceeded with the investigation, which was subsequently taken over by the station Officer, Ram Kumar Gautam. He, ultimately, on the conclusion of the investigation had sub mitted a charge sheet against the accused persons nominated in the F. l. R. In the meantime, the Home Secretary, Government of U. P. ,on 13-11-1996, ordered the investigation of this case to be transferred to a superior agency, viz. C. B. C. I. D. , presumably on the application of the petitioners. Sri Sailesh Krishna, Secretary (Home), passed this order. It is alleged in the petition in paragraph No. 9 that the aforesaid order of the Home Secretary was received by the Deputy In spector General of Police (hereinafter referred to as the 'dig'), Gorakhpur and the Senior Superintendent of Police (in short called as 'ssp'), Gorakhpur on 15-11-1996.
(3.) IN pursuance of the aforesaid order, INspector Abhai Singh of the C. B. C. I. D. had initiated the investigation of this case Crime No. 155 of 1996. It has further been alleged that the SSP. Gorakhpur, and the DIG, Gorakhpur did not communicate the order to the local police, in time. This lapse on their part resulted into submission of a charge-sheet by Ram Kumar Gautam, S. O. , P. S. Belaghat, District Gorakhpur against the accused persons. On the submission of charge sheet, it appears that learned C. J. M. has also taken congnizance. It further transpires from the aver ments made in paragraph No. 12 of the petition that Abhai Singh, Inspector, C. B. C. I. D. , who had started the investiga tion in this case, had also moved an ap plication before the II Additional Chief Judicial Magistrate, Gorakhpur, for providing papers of the previous investiga tion. A copy of this application has been appended as Annexure '3' to this petition. A perusal of this application shows that the Investigating Officer, Abhai Singh, on the date of moving this application before C. J. M. , Gorakhpur, was aware of the fact of submission of charge-sheet by the local police and also of the registration of the case No. 1386 of 1996, (State v. Umesh & others' ). Thus, it is apparent from these circumstances that a fresh investigation was being directed by the Government of U. P. in the matter by a superior investiga tive agency, although a charge sheet had already been submitted earlier. This ap plication does not bear any date, as will be apparent from a perusal of the application itself. No such date is disclosed in the petition or rejoinder affidavit as well. So, we cannot take into consideration the factum of the date on which this application was moved by Abhai Singh, Inspector, C. B. C. I. D. , before the court concerned. It may also be available from these facts that C. B. C. I. D. for all practical purposes, look over the investigation after the submission of charge sheet by local police.;