RAMWATI Vs. STATE OF U P

JUDGEMENT

(1.) G. P. Mathur, J. This writ petition under Article 226 of the Constitution has been filed praying that the order contained in telex message dated 30-1-2001 be quashed and a writ of mandamus by issued commanding the respondents not to trans fer the investigation of crime No. 205 of 2000 under Section 302/349/506,i. P. C. of P. S. Kotwali, district Auraiya from C. B. C. I. D. to local police.

(2.) THE record shows that a FIR was lodged by Jagat Narain Pandey at 6. 30 p. m. on 3-5-2000 at P. S. Kotwali alleging that he along with his two sons had gone to pur chase vegetable in the market at 5. 30 p. m. when Ambrish Kumar Mishra and Rajesh Kumar Mishra armed with rifles. Ashok Kumar Mishra and Kalle armed with double barrel guns arrived there. All the four accused started firing from their weapons due to which Pramod Kumar and Kapil Kumar received gunshot injuries and died on the spot. THE assailants also carried away the rifle of Pramod Kumar. THE FIR also mentioned names of some persons who had seen the occurrence.

(3.) THE State Government had issued a Government Order on 15-9-1995 laying down the conditions under which an order entrusting investigation of a criminal case to C. B. , C. I. D. may be passed. It also mentioned the authority who will be competent to pass such an order. Since the State Government has itself laid down a policy regarding entrustment of investigation to C. B. , C. I. D. , the controversy raised in the present petition has to be examined in the light of the aforesaid Government Order.