USMAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS petition was filed seeking issuance of a writ quashing the impugned order dated 25.11.2013 passed by the Additional Secretary, Uttarakhand Government communicating the Director General of Police the decision of the Government for re -investigation of the matter by CB -CID pertaining to the Crime No. 469/2012, PS Manglore. In that crime no., the petitioner Usman lodged the FIR. The matter was investigated by the regular police of the Manglore Police Station, which culminated into submission of the chargesheet against five accused persons for the offences of Section 147, 148, 149, 506, 307, 302 IPC and also under Section 30 of the Arms Act. This chargesheet was submitted on 15.1.2013, whereon the cognizance was taken by the learned Magistrate.

(2.) FEELING disgruntled from the manner the investigation was conducted by the regular police, wife of one of the accused moved to the Government on 12.4.2013 and the application so moved could be decided by Inspector General (Police), Law and Order, Uttarakhand for testing the veracity of the charges by CB -CID.

(3.) THE matter was taken to the High Court and ultimately, it was opined by this Court that the matter for re -investigation/testing of the veracity cannot be ordered by the Inspector General of Police, but the decision can only be taken by the Principal Secretary, Home/Government. Then the things further moved in the Secretariat of the Government and the impugned order was passed.