JAI NARAYAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS petition has been filed for a direction in the nature of mandamus seeking transfer of the investigation in Crime No. 65 -A of 2006 under Sections 147, 452, 504 and 506 IPC, registered at P.S. Railway Road, Meerut at the instance of the petitioner Jai Narayan Singh on 13 -5 -2006 at 00.10 a.m. to some independent investigating agency. The accused were not named in that report.

(2.) THE allegations in the aforesaid FIR were that on 12 -5 -2006 at about 9 p.m. when the petitioner Jai Narayan Singh was present at his house alongwith his children, wife, and grand -son, about 40 - 50 boys carrying illegal fire -arms, sariyas and dandas arrived looking for Suraj Sirohi and said they would not leave him alive and started raising a hue and cry. When the informant tried to stop them they fired at him, but he escaped receiving any injuries by taking shelter behind a wall, however the firing by the accused persons caused injuries to two persons on their own side. On the cries of the petitioner and others about 50 -60 persons of the neighbourhood arrived there resulting in the accused persons leaving the spot firing their weapons. One injured, who had been injured by the firing from his own side was carried by the police. It appears that prior to this report by the petitioner, an earlier report was lodged at the instance of Ankit Yadav at crime No. 65 of 2006 under Sections 307, 323 and 504 IPC at P.S. Railway Road, Meerut on 12 -5 -2006 at 11 p.m. against the petitioner's side. The petitioner's apprehension was that as the police had lodged their report with reluctance and as the accused in this case were connected with Shisu Pal Yadav a close aide to Chief Minister Mulayam Singh Yadav hence he had no hope for justice in the State of U.P. and was desirous that the case be investigated by some independent agency (presumably the C.B.I.).

(3.) LIKEWISE another case cited by the learned Counsel for the petitioner, K. Vidya Sagar v. State of U.P., 2005(3) JIC 707(SC) : 2005 SCC (Cri) 1553, was simply a case, where the High Court in a writ petition by an interim order had directed C.B.I. to investigate into the grievances of the petitioner, and pursuant to the said investigation a report had been filed. In view of the report, the main grievance of the petitioner for taking criminal action against the respondent stood redressed, hence the Apex Court did not go into the rival contentions of the parties. The said case is not concerned with defining the parameters and situations wherein the High Court can pass orders transferring investigation to the CBI.