HAZI MOHD HARUN Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri V.P. Srivastava, learned Senior Advocate assisted by Shri Lav Srivastava, learned Counsel for the petitioner, Shri J.S. Sengar for the private respondents/accused and learned Additional Government Advocate representing the State.

(2.) By means of this writ petition, the petitioner has challenged the order dated 10.3.2006 (Annexure 4) passed by the State Government transferring the investigation to the CBCID principally on the grounds that the investigation had already been completed by the local police and charge sheet had even been submitted on 26.12.2005 and the transfer had been effected in a legally impermissible manner at the instance of the accused Wali Ullah for extraneous political considerations.

(3.) An earlier Division Bench consisting of Hon'ble Sushil Harkauli and Hon'ble G.P. Srivastava, JJ. had by an earlier order dated 28.7.06 called for the original record of the State Government because the Court was of the view that the mere statement of the petitioner-complainant that there was political Intervention was not sufficient for this Court to form such an opinion and, therefore the learned A.G.A. was directed to produce the original record to show the manner and basis on which the decision to hold further investigation was taken and also the manner and basis on which it was decided to get further investigation conducted by the CBCID.