- (1.) The complainant-petitioner has filed this Criminal Writ Petition under Article 226 of the Constitution of India with a prayer to quash and set aside the notification dated 24.7.2014 issued by the Government of Rajasthan whereby earlier notification dated 06.12.2013 was rescind/revoked and to hand over investigation of FIR No.640/2013 registered at Police Station Mahuwa (District Dausa) to CBI.
(2.) Brief relevant facts for the disposal of this petition are stated as below:- (1) For an incident occurred on 01.12.2013 in which father of the petitioner-Shri Ram Kishan died, aforesaid FIR No.640/2013 came to be registered on 02.12.2013 at 2.45 a.m. for offences under Sections 147,148,307,302 read with Section 149 IPC and Section 3/25 of the Arms Act in which one Shri Om Prakash Hudla was also named as a person involved in the incident. (2) On the basis of representation dated 04.12.2013 submitted by one Shri Pradeep Singh with a prayer to hand over the investigation of the case to CBI, a letter dated 06.12.2013 was sent by the State of Rajasthan to the Central Government with a prayer to hand over investigation of the case to CBI and in this regard notification dated 06.12.2013 was also issued by the Government of Rajasthan under Section 6 of the Delhi Special Police Establishment Act, 1946 (hereinafter to be referred as "the Act"). (3) In pursuane of the aforesaid letter and notification, Central Government in exercise of powers conferred by sub-section (1) of Section 5 read with Section 6 of the Act issued notification dated 13.03.2014 and transferred the aforesaid case for investigation to CBI. (4) On the same date i.e. on 13.03.2014, Additional Chief Secretary (DOPT), State of Rajasthan wrote a letter to the Central Government intimating that the notification dated 06.12.2013 may be treated as withdrawn with immediate effect and CBI may be informed accordingly. (5) Notification dated 24.07.2014 was issued by the State of Rajasthan revoking the earlier notification dated 06.12.2013 whereby consent was accorded to hand over investigation of the case to CBI.
(3.) It was submitted by the learned counsel for the petitioner that looking to the seriousness of the offences for which the aforesaid FIR came to be registered and involvement of MLA in the incident a conscious decision at the highest level was taken and aforesaid notification dated 06.12.2013 was issued by the State of Rajasthan to hand over the investigation of the case to CBI but later on without any reasonable cause but under the influence of the accused involved in the incident with the change of Government by way of present notification the earlier notification has been withdrawn. It was further submitted that once investigation of a case is handed over to CBI, which is considered to be more impartial and efficient investigating agency, the State Government has no power to arbitrarily rescind and revoke the earlier notification. It was also submitted that although investigation of the case was handed over to CBI even then the local police continued with the investigation and in a haste manner has filed charge-sheet in the Court absolving the main accused-Shri Om Prakash Hudla who is now MLA of the party in power. It was further submitted that even if charge-sheet has been filed even then this Court is empowered to order investigation of the case by CBI or any other impartial and independent investigating agency looking to the facts and circumstances of the case.;