VANDANA SRIVASTAVA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Dr. DK Tiwari, learned counsel for the petitioner, Sri Swetashwa Agarwal, learned counsel for respondent no. 5 and the learned AGA for the State authorities.

(2.) Petitioner before this Court is the victim and the first informant in Case Crime No. 56 of 2013, under sections 498-A, 323, 504 IPC and 3/4 of the Dowry Prohibition Act, P.S. Kotwali, District Fatehpur. She is aggrieved by the order of the State Government dated 12.03.2014 as communicated under the letter of the Senior Superintendent of Police, Fatehpur to the Senior Superintendent of Police, Lucknow vide letter dated 1st April 2014, annexure 5 to the writ petition. By means of the order impugned it has been informed that the State Government on an application made by Ram Krishna Srivastava, one of the accused in the said case crime, has decided vide order dated 12.03.2014 to transfer the investigation from district Fatehpur to district Lucknow and the investigation be got done through a Circle Officer. The Senior Superintendent of Police, Lucknow it has been requested to do the needful.

(3.) Challenging the order, learned counsel for the petitioner submitted that order of transfer of investigation in the facts of the case is an abuse of the powers by the State Government. The person who sought transfer, (respondent no. 5 herein) had filed Criminal Writ Petition No. 2803 of 2013 for quashing of the First Information Report. The High Court while entertaining the said petition directed the petitioner to appear before the the Police Station for mediation within twenty days and in case no result comes out of mediation the petitioner (respondent no. 5) was required to surrender and apply for bail within thirty days.