ADIL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Brijesh Kumar Pandey, learned counsel for the petitioner as well as Sri Virendra Kumar Pal, learned AGA appearing for the State respondents and Sri Vinod Singh, learned counsel for the informant and perused the record.

(2.) Present petition has been filed for quashing the impugned order dtd. 6/10/2023 whereby the respondent no. 2 has passed the order for further/transfer of the investigation in Case Crime No. 252 of 2023, P.S. Bilaspur, District Rampur. A further prayer is to direct the respondent no. 2 and his subordinates not to arrest/harass the petitioners in pursuance of the order dtd. 6/10/2023.

(3.) Brief facts of the case are that the respondent no. 4-Km. Nisha Naaz filed an application under Sec. 156 (3) CrPC before the concerned Magistrate for registering the FIR with the allegation that she had love affairs with co-accused-furkan Ali and she had physical relationship with him and on being insisted for marriage, he prepared forged nikahnama and married with her. It is being alleged that Gulshan Kajafi and Furkan Ali committed r.ape upon her. Thereafter, a first information report dtd. 29/7/2023 has been lodged under Sec. 420, 376, 452, 504, 342, 376D, 506, 120-B of IPC, P.S. Bilaspur, District Rampur against the six accused persons. After the investigation was completed, a charge-sheet dtd. 24/8/2023, under Ss. 498A, 504 and 506 IPC only against the husband (Furkan Ali). After submission of the charge-sheet, learned Magistrate has taken the cognizance vide order dtd. 30/9/2023. In between, respondent no. 4 filed a Criminal Misc. Writ Petition No. 15260 of 2023 (Km. Nisha Naaz vs. State of UP and others), with the prayer to direct the respondent no. 2 to transfer the investigation of the Case Crime No. 252 of 2023 without disclosing the fact that the chargesheet has already been filed. In the said writ petition, the Hon'ble Court directed the respondent no. 4 to approach the respondent no. 2-Superintendent of Police, Rampur. By the impugned order dtd. 6/10/2023, the respondent no. 2-Superintendent of Police, Rampur has directed to further investigation by transferring the investigation to another officer. Hence the present petition.