VIJAY KUMAR KATARIA Vs. STATE OF U P

JUDGEMENT

(1.) AMAR Saran, J. These are two criminal writ petitions between the same parties which are being disposed of by this common order.

(2.) CRL. Misc. Writ Petition No. 11425 of 2006 was filed by petitioner, Vijay Kumar Kataria with a prayer that the investigation by the local police in pursuance of FIR dated 5-5- 2006 in Case Crime No. 54 of 2006, under Sections 307/120-B, IPC P5 Chandi Nagar, District Baghpat, was not being conducted fairly and no efforts are being made to arrest the accused. In that case an order was passed on 26-9-2006 giving two weeks' time to the learned AGA to seek instructions.

(3.) A detailed counter-affidavit has been filed on behalf of private respondents No. 5, 6 and 7 in Crl. Misc. Writ Petition No. 11425 of 2006 by respondent No. 6 B. L. Bhatia and Col. Sudhir Vasudeva has filed a counter-affidavit on behalf of respondent No. 4. The petitioner has filed two rejoinder affidavits in Crl. Misc. Writ Petition No. 11425 of 2006 to the counter-affidavits of B. L. Bhatia and Col. Sudhir Vasudeva. A counter-affidavit has also been filed by Sri Om Prakash Singh, Dy. S. P. (C. O.), Baraut, District Baghpat, who was conducting the investigation after it was handed over to him from the earlier Investigating Officer SI R. B. Naiyar since 14-5-2006, on behalf of respondents 1, 2 and 3 in the said writ petition. He says that he made efforts to arrest the accused but as they were absconding he has obtained an order under Section 82, Cr. P. C. from the Court of ACJM, Baghpat, and that the investigation was being conducted in a fair manner.