INTKHAAB Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of this writ petition, moved under Article 226 of the Constitution of India, the petitioner has sought writ in the nature of mandamus directing the respondent No. 1 to transfer and hand over the investigation of Crime No. 26 of 2010, relating to offences punishable under Sections 420, 467, 468, 469, 2 471, 120-B, 114, 406, 506 of I.P.C., registered at Police Station Manglore, District Haridwar, to CBCID or other investigating agency.

(2.) Heard learned Counsel for the parties and perused the affidavit and counter affidavit filed on behalf of the parties.

(3.) Brief facts of the case are that an accident is said to have taken place on 30th of August, 2009, at Manglore-Roorkee highway. A first information report of said accident was lodged by Narendra Kumar Tyagi at Police Station Manglore, which was registered as Crime No. 406 of 2009, relating to offences punishable under Sections 279, 337, 338, 304-A and 427 of I.P.C. In said first information report which was lodged on 8th September, 2009, it is specifically mentioned that the tractor bearing registration No. UK 08L 4016 was involved with the car bearing registration No. DL 8C H 9971, in which as many as five persons, namely Ajay, Sushma Devi, Prashant, Subham and Swati died, who were sitting in the car. However, according to the present petitioner, since the aforesaid tractor was not insured with any Insurance Company, two Advocates, namely Mr. Rajbeer and Mohd. Mustafa, and Sub-Inspector Huqum Singh Rauthan of Police Station Manglore, complainant of aforesaid F.I.R. Narendra Kumar, and three others, namely Akeel, Iqbal and Bhura conspired during investigation of F.I.R. No. 3 406 of 2009 conspired, and it was attempted to show that present petitioner's tractor bearing registration No. UP 11 R 3541 (which was an insured vehicle) was involved in said accident. On coming to know of said alleged forgery and cheating, petitioner Intkhaab got registered first information report at Police Station Manglore, after obtaining orders from the Judicial Magistrate, Roorkee, under Section 156(3) of Cr.P.C. against aforesaid ten persons, which was registered as Crime No. 26 of 2010, relating to offences punishable under Sections 420, 467, 468, 469, 471, 120-B, 109, 114, 406, 506 of I.P.C.