SATISH CHANDRA SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) This writ petition has been filed by the petitioner with a prayer to quash the order dated 31.3.2016 passed by the respondent no.2-Secretary, Department of Home, Government of U.P., Allahabad by which the investigation of Case Crime No.654 of 2013 under Sections 420, 467, 468, 471, 342, 323, 504, 506 and 120-B Penal Code has been transferred to CBCID.

(2.) The brief facts of the case are that the petitioner is the informant of the case and he has lodged an FIR on 10.7.2013 against the respondent no.5 which has been registered as Case Crime no.654 of 2013 under Sections 420, 467, 468, 471, 342, 323, 504, 506 and 120-B IPC, Police Station-Etmadaula, District-Agra. In the said case, charge sheet was submitted against the accused-respondent no.5 on 13.1.2014. Aggrieved by the same the accused-respondent no.5-Pramod Jain filed an application before this Court under Sec. 482 Crimial P.C. being Application U/S 482 No. 2988 of 2015 (Pramod Kumar Jain Vs. State of U.P. and another) which was dismissed by this Court vide order dated 5.2.2015. Thereafter, it appears that non-bailable warrant was issued on 15.9.2015 by the 12th A.C.J.M. Agra in Criminal Case no. 5216 of 2014 arising out of Case Crime No. 654 of 2013 which was again challenged by the respondent no.5 before this Court in Application U/S 482 No. 29040 of 2015 (Pramod Kumar Jain Vs. State of U.P. and Anr.). The second application was disposed of by this Court by order dated 28.9.2015 with a direction to the accused-respondent no.5 to appear before the court below within a period of three weeks and for the aforesaid period the non-bailable warrant was kept in abeyance.

(3.) Despite of the order of the High Court, the accused-respondent no.5 did not appear before the court concerned and instead approached the higher police officials for transferring the investigation. Ultimately, on the request of one MLA of the political party, namely, Dr. Laxmikant Bajpayee, the impugned order dated 31.3.2016 was passed by the State Government transferring the case from local police to CBCID for investigation. Feeling aggrieved by the impugned order, the petitioner approached this Court through the present petition in which interim order was passed by another Bench of this Court on 10.5.2016 staying the impugned order dated 31.3.2016.