JOGENDRA PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Ashok Kumar Dwivedi, Rakesh Kumar Shukla, learned counsel for the petitioner and the learned A.G.A. for the State of U.P.

(2.) This petition has been filed by the petitioner Jogendra Prasad with a prayer to quash the order dated 27.6.2012 passed by respondent no. 1 by which the investigation of case crime no. 762 of 2010 under sections 498-A,304-B I.P.C. and section 3/4 of Dowry Prohibition Act P.S. Kotwali Nagar district Banda has been transferred to CBCID.

(3.) The facts in brief of this case are that the FIR of this case has been lodged by the petitioner Jogendra Prasad Vishwakarma on 10.7.2010 at P.S. Kotwali Nagar district Banda in case crime no. 762 of 2010 under sections 498-A,30-B, 506 I.P.C. and section 3/4 of D.P. Act against the accused persons namely Gaurav Sharma( husband of the deceased), Saurabh Sharma (Devar of the deceased) Sadhu Ram Sharma(Father in law of the deceased) and Smt. Brindawati( mother in law of the deceased) alleging therein that the daughter of petitioner was married with the accused Gaurav Sharma on 12.12.2009, thereafter a demand of Rs. 2 lacs, a colour T.V. a chain of gold and a ring was made by her in laws, the same could not be fulfilled that is why the deceased was killed on 26.6.2010. After completing the investigation the charge sheet dated 11.2.2011 against the accused persons namely Gaurav Sharma, Saurabh Sharma, Sadhu Ram Sharma and Smt. Brindawati has been submitted in the court of learned Chief Judicial Magistrate, Banda, on which the learned Chief Judicial Magistrate, Banda has taken cognizance on 10.8.2012. After submission of the charge sheet and cognizance taken on it by the learned Chief Judicial Magistrate, Banda, an application dated 6.2.2012 has been moved by the accused Sadhu Ram Sharma for transferring the investigation to CBCID on which the Government has taken decision to get the investigation done by the CBCID, its communication has been made by the Special Secretary, U.P. Government Lucknow to Additional Director of Police CBCID Lucknow on 27.6.2012, consequently, Sri Anirudh Kumar Tiwari, Inspector of CBCID Lucknow moved an application dated 11.7.2012 in the court of the Chief Judicial Magistrate, Banda for providing the case diary and other connected documents to do further investigation. The decision taken by the Government to transfer the investigation to CBCID has been challenged by the petitioner by way filing the present writ petition.