ANWAR JAMIL Vs. STATE OF U P

JUDGEMENT

(1.) Anwar Jamir filed-this writ petition No 29424 of 1991 under Article 226 of the Constitution of India with a prayer that an order, writ or direction in the nature of certiorari quashing the order dated 17.9.91 passed by Sri Kalyan Singh, Chief Minister, U.P. re-transferring the investigation of case Crime No 272 of 1991 under Sections 147, 148, 149,302 and 201, I.P.C. P.S. Noorpur Distt. Bijnor from C.B. C.I.D., Bareilly Sector to local police, Bijnor. The further prayer is to issue a writ of mandamus commanding the opposite party No. 1 State of U.P. through Chief Minister of U.P. not to snatch away the investigation in case crime No 272 of 1991 from C.B. C.I.D. Bareilly to send it local police. It has also been prayed that a writ of mandamus commanding upon the opposite parties not to acres or proceed in any manner against the petitioner in pursuance of the F.I.R. in Case Crime No 272 of 1991 under above mentioned Sections P.S. Noorpur Distt. Bij nor.

(2.) The Division Bench by an order dated 11.10.1991 was pleased to grant a weeks time for filing a counter affidavit and a week thereafter for rejoinder affidavit 28th October, 1991 was fixed for admission of the writ petition. An interim order was also passed that no further action shall be taken in pursuance of the order dated 17.9.1991 mentioned in para No 14 of the writ petition. The order impugned in the writ petition is referred in paragraph 14 of the writ petition as under: Vide order No 28156 - Section 12/ Bijnor dated 17.9.1991 that C.I.D. ADESH KO NIRAST KAR PUNAH The petitioner alleged in the writ petition that he is a political leader and had contested the last General Election from Sebhara Assembly Constituency in 1991 on Janta Dal Ticket. The petitioner`s uncle Jai Singh had also filed his nomination on Janta Dal ticket for the same Constituency. The petitioners was allotted Symbol for contesting the election and his uncle who was denied the partys Symbol, had not withdrawn his nomination but contested the election as Independent Candidate against the petitioner. On 15.6.1991 when the petitioner was going to the polling station on the polling day, Narendra Pal Singh damaged his Maruti Van. A complaint was lodged at the police station. It is said that Narendra Pal Singh is the nephew of Jai Pal Singh, who was his main supporter. Mahyndra Singh is real brother of Narendra Pal Singh. When they came to know that a complaint has been lodged by the petitioner at the P.S. Seohara, Narendra Pal Singh and Jai Singh, who was an independent Candidate against the petitioner, had hatched up a conspiracy to implicate the petitioner is a false case and a First Information Report was lodged at P.S. Noorpur on 16.7.1991 at 9.45 A.M. regarding the said incident in the night of 15.7.199 1 and the case Crime No 272 of 1991 under Sections 147, 148, 149,302 and 201, I.P.C. was registered. A copy of the F.I.R. is annexed with the writ petition which we do not consider necessary to be reproduced. Petitioner stated to have submitted an application before the Chief Minister of State for making investigation by C.B. C.I.D. or by C.B.I Mahabir Singh against whom the petitioner had contested the election on J.Ds ticket was elected and had become Minister in the B.J.P. Government of the State. There was some pressure exhorted by the either party. Various representations were said to have been made to the Chief Minister for making investigation by C.B. C.I.D. and he had also assured that proper investigation in the case would be conducted by CB C.I.D. The petitioner had filed a Writ petition with a prayer that the petitioner may not be arrested in the said case and the F.I.R. may be quashed. It is said that the investigation of the said case was transferred by orders of the Directors General of Police, U.P. to C.B. C.I.D. and sector officers C.B. C.I.D. had started investigation in the case Crime No 272 of 1991.

(3.) It is said that the Chief Minister Sri Kalayan Singh by an order dated 17.9.1991 in collusion with Sri Mahabir Singh, State Minister of U.P. who belonged to B.J.P. issued orders on 17.9.1991 transferring the investigation of the said case from C.B. C.I.D. to civil police Bijnor. The said order has not been filed and the reference has already been quoted in the earlier paragraphs.