MALKHAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THE aforesaid two writ petitions have been heard analogously and are decided by this common judgment having binding effect upon both the writ petitions.

(2.) THE first writ petition (i.e. Criminal Misc. Writ Petition No. 967 of 2006) has been made for the purpose of transfer of investigation of Case Crime No. 1637 of 2005 (or Case Crime No. 1634 of 2005, as there is over writing in the First Information Report over number of case crime which can be read both as 1637 or 1634), under Sections 394, 302 and 120 -B I.P.C., Police Station Hasanpur, District J.P. Nagar to the Central Bureau of Investigation (hereinafter called as 'C.B.I.') or this Court may suo moto direct the case to be transferred to the C.B.I. for proper, fair and impartial investigation.

(3.) ACCORDING to the petitioner, he is eye witness of murder of his real brother, namely, Jag Mohan Khadak Banshi, who was Member of Zila Panchayat from a political party. The respondent No. 6 is the State Minister and, according to the petitioner, is a hardened criminal, against whom at present 14 criminal cases are pending in the different Courts. The respondent No. 6 sat up his wife as a candidate for the office of Adhyaksha and in order to procure support the respondent No. 6 with the help of respondent No. 7 is making various efforts to win the members. They were meeting with the petitioner's brother, who was the victim, and were pressurizing him to vote. They tried to give bribe to the victim, but when he refused, the victim was threatened. However, on 11th December, 2005 when the petitioner was with the victim and they went to the barber's shop, the respondent No. 7 and other persons entered into the shop and fired on the victim and ran away. At the time of going the respondent No. 7 took away the licensed revolver of the victim from his body and also took away mobile from his pocket. Till after filing the F.I.R. and affidavit no one was arrested. The respondent Nos. 4 and 5 were pressurizing the petitioner not to support the version of the F.I.R. Aggrieved against the action of the local administration, the petitioner filed a writ petition, being Criminal Misc. Writ Petition No. 13011 of 2005 (Malkhan Singh v. State of U.P. and Ors.), for transferring the investigation, as mentioned above. Such writ petition was disposed of by this Court on 22nd December, 2005 by directing the Principal Secretary, Home, Government of U.P., Lucknow to consider the representation of the petitioner within a period of fortnight from the date of communication of the order upon giving fullest opportunity of hearing and by passing a reason order thereon. On 26th December, 2005 the petitioner made representation, and from then sufficient period has expired but neither the Principal Secretary (Home) called the petitioner nor decided the representation.