- (1.) Since the aforesaid criminal writ petition and misc. petition have filed for the same relief and relates to one and the same case, therefore both are heard together and are being decided by the common order.
(2.) By this criminal writ petition, petitioner- victim made following prayer :- " It is therefore, most respectfully prayed that this Hon'ble court may kindly be accept and allow this writ petition and issued writ directions:- -By an appropriate writ direction issued in favour of the petitioner that the case of the petitioner proceed by the trail court as per the statement of the injured persons and evidence collected by the state police, -By an appropriate writ, order or direction issued by the hon'ble court that the inquiry may kindly be conducted against the investigation officer of the CBI he was conducted false investigation. -By an appropriate writ, order or direction issued by the Hon'ble court in favour of the petitioner to the trail court to proceed matter as per the principle of natural justice. -By an appropriate writ, order or direction issued by the Hon'ble court in favour of the petitioner, that the petitioner and other injured persons will be call by the trail court as a witness to proceed matter as per the principle of natural justice. -Pass any other appropriate order which this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case in favour of the petitioner. "
(3.) Learned counsels for the petitioners submit that in this matter FIR was lodged by one Ishwar Dayal ,resident of Sikrori, Police Station Kumher, District Bharatpur on 02.12.2012 which was registered as FIR No. 425/2012 under Sections 147 , 148 , 149 , 323 , 341 , 336 , 307 and 302 IPC at Police Station Kumher, District Bharatpur wherein he levelled allegations against the accused persons regarding committing murder of Govind Ram and Laxman and sustained injuries by seven persons including petitioners. Initially, the matter was investigated by local Police, during investigation local Police arrested eight persons namely Darab Singh, Mahesh, Satish, Jeetu @ Jeetendra, Lokendra, Seetu @ Bhagwan Sahay, Deepu @ Deepchand and Sunil Kumar (minor), as the statutory period 90 days was completing.;