MANOJ KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THE case under Sections 504, 506, I. P. C. registered against the petitioners being case Crime No. 69 of 1994 at police station Jaitpura, District Varanasi. One Mr. Shiv Gopal Gupta, S. I. of out post Chaukaghat, is an Investigating Officer of this case. Serious allegations of mala fide is levelled against this Investigating Officer as well as the other police officer of that police station. So much, so that a criminal complaint under Sections 147/323/504/506/427/452, I. P. C. has been filed by the father of the petitioners against the police officer including the Investigating Officer, S. I. , Shiv Gopal Gupta. In view of these allegations the learned counsel sub mits that this police officer will be partial in investigation and will definitely give a finding against the petitioners.

(2.) A perusal of the record shows that the petitioners have filed a repre sentation before the Principal Secretary (Home), Uttar Pradesh Government, Lucknow making all these allegations and for transfer of the case to C. B. , C. I. D. on 6-9-1994. It is pointed out that that representation is still pending and it has not yet been disposed of nor the investigation has been with drawn.