SURENDRA PRATAP SINGH Vs. STATE OF UP

JUDGEMENT

(1.) This Transfer Petition has been filed by one Surendra Pratap Singh, whose brother Raghvendra Pratap Singh, a practising Advocate of Pratapgarh, U.P., was murdered on 24th June, 2005. On the basis of the First Information Report lodged by the Petitioner on the same day at 9.30 p.m. at Antu Police Station, Case Crime No. 19 of 2005 was registered against one Brijesh Mishra, MLA, his brother, Mahesh Mishra and associates, Hari Shankar and Gopi. During investigation, the Investigating Agency arrested three out of four accused persons, namely, Mahesh Mishra, Hari Shankar and Gopi, but did not arrest Brijesh Mishra, who was an MLA of the Bahujan Samaj Party. The Investigating Agency submitted charge-sheet No. 79 of 2005 against all the accused persons under Sections 307 and 302 IPC in the Court of Chief Judicial Magistrate, Pratapgarh, wherein Brijesh Mishra was shown to be an absconder. On 24th August, 2005, the learned Magistrate took cognizance of the case and issued non-bailable warrant against the said Brijesh Mishra, which apparently was never executed.

(2.) On 15th September, 2005, the said Brijesh Mishra, who has been made Respondent No. 2 herein, applied to the State Government for transfer of investigation from the local police to the C.B.C.I.D., but the same was rejected by the Principal Home Secretary on 15th September, 2005. However, on a Writ Petition filed by the said Respondent No. 2, Brijesh Mishra, being W.P. No. 4411 of 2005, the High Court gave a direction to the C.B.C.I.D. on 29th November, 2005, to investigate further into the case and to submit a report to the Magistrate within a reasonable time. The Magistrate was directed thereafter to deal with the said reports in accordance with law.

(3.) On 14th March, 2008, the Petitioner questioned the investigation conducted by Shri Sunil Kumar Saxena, Additional S.P., C.B.C.I.D., Kanpur Division, alleging that he was influencing the prosecution witnesses to change their statements in favour of the accused persons. Ultimately, the said Sunil Kumar Saxena submitted his final report on 14th March, 2008, indicating that there were differences in the charge-sheet which had been filed by the local police and the investigation conducted by the C.B.C.I.D. and requested that appropriate action be taken on account of the differences between the two reports.