ANIMESH JAM Vs. HOME SECRETARY V P

JUDGEMENT

(1.) The writ petition has been filed for seeking a direction to the Home Secretary of the State of Uttar Pradesh to transfer the investigation to the C.B.C.I.D. in Case Crime No. 92 of 2003 under Section 302 I.P.C. relating to Police Station Adarsh Mandi. Muzaffarnagar.

(2.) The present writ petition has been filed on the ground that the petitioner does not expect a fair investigation by the police for the reasons that the Area is dominated by the Jats and they are pressurising the investigating Agency to involve the petitioner. Therefore, the investigation may be transferred to the C.BC.I.D.

(3.) The Learned AG.A has raised preliminary objection regarding the maintainability of the writ petition as it has been filed impleading only respondent No.1 i.e. The Home Secretary, U.P. Lucknow, through State of U.P. It has been submitted by him that the State has not been impleaded as a respondent and the writ cannot be entertained against the officer of the State without impleading the State as has been held by the Courts time and again.