GAYUR HASAN Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition has been filed by Gayur Hasan, who is informant in case Crime No. 289 of 2005, under Sections 147, 149, 302, 323 and 504 IPC, PS Babari, District Muzaffarnagar, in which respondent No. 4, Meharban was an accused alongwith four others for the murder of the petitioner's younger brother, Manzoor Hasan, on 14 -10 -2005 at 6.45 a.m. Another brother of the petitioner, Zakir, had received injuries in this case. It was pointed out in this petition that Meharban had not been arrested in spite of his involvement in this case under Section 302 IPC and, in fact, he was provided with a security guard. The petitioner, therefore, prays for withdrawal of the security guard provided to respondent No. 4 and for his arrest by means of this writ petition.

(2.) TWO counter -affidavits have been filed, one by Meraj Ahmad Khan, Inspector, CBCID, (who is now investigating the case) and another by Ganga Sharan, ASI, PS Babari. The counter -affidavit by Meraj Khan mentions that investigation was transferred to CBCID, Meerut, by orders of the State Government dated 25 -11 -2005, who started the investigation of the case on 5 -12 -2005 and submitted charge -sheet against the four other accused, namely, Gulab, Mehboob, Habibuddin and Jamiluddin on 9 -1 -2006. However, the investigation against respondent No. 4 was kept pending and on 1 -3 -2006 the State Government again transferred the investigation to CIS of CBCID, Lucknow, and the present investigating officer was handed over the investigation on 25 -3 -2006. The investigating officer further states that thereafter he has been examining and verifying the correctness of the statements recorded by the civil police and CBCID, Meerut, and that he has received 35 affidavits in favour of the accused which were filed before the CJM, Muzaffarnagar and which were forwarded to him by the DG, CBCID, Lucknow.

(3.) IT has been mentioned by the petitioner in the writ petition that respondent No. 4 is an ex -pradhan, who wields influence in the ruling party. This claim of the petitioner appears to be buttressed by the fact that in spite of the implication of respondent No. 4 in a case under Section 302 IPC, in which there was an injured witness, he has been provided a security guard at State's expenses and this averment in paragraph 16 of the writ petition has not been specifically denied in the aforementioned two counter -affidavits. The counter -affidavit of Meraj Khan, the present investigating officer of CBCID, Lucknow, states that he has no information with regard to the provision of security to respondent No. 4. With the other counter -affidavit of Ganga Sharan, ASI of PS Babari, District Muzaffarnagar a letter of the SSP, Muzaffarnagar, dated 9 -5 -2006 has been annexed which mentions that a fax message was received from Secretary to the Chief Minister dated 19 -11 -2005 granting a gunner to respondent No. 4 for a period of 6 months at State's expense with effect from 15 -12 -2005. It further mentions that the District Committee had reported on 29 -11 -2005 that it was not recommending the grant of a gunner and that on 9 -4 -2006 again a letter was sent that there was no threat perception to the life of respondent No. 4 and that no recommendation had been made for providing him a security guard. But still no orders withdrawing the gunner had been received from the State Government.