RAJENDRA PRASAD Vs. ADDITIONAL CHIEF JUDICIAL MAGISTRATE

JUDGEMENT

(1.) A. S. Gill, J. The petitioner is a retired Scientist having worked in Nuclear Research abroad and at present he is living at 6-A, Faizabad Road, Lucknow which house was built by his father. The grievance of the petitioner is that in his absence all the material of the house was taken away and the house stands occupied by unauthorized persons. He somehow managed to get a portion of the house vacated which is in his possession and the other portion still remains with un authorised persons. Regarding his missing articles he approached the Chief Judicial Magistrate with a complaint but no action was taken. Subsequently a direction was issued by this C. J. M. to the police of the Hasanganj to register a case and inves tigate the matter on a petition to this court. The EI. R. was registered on 5-7-1995. The grievance of the petitioner is that so far the police was taken no action and no steps are being taken for investigation of the case and culprits are moving about freely and the police is under their influence. The stolen articles are still in their possession and so far no effort is being made to recover the same. The petitioner has sought necessary direction in the matter as the police is not moving in the matter in accordance with law.

(2.) NOTICE was issued and Investigat ing Officer of the concerned case who is present. He has through learned Govern ment Advocate informed that statement of certain persons were recorded in this case and investigation is still pending. How ever, no steps for recovery etc. has been taken or any premises was raided for recovery of the articles. Learned counsel for the petitioner informs that the names which have been disclosed by the Inves tigating Officer whose statement he al leged to have recorded arc no one else but the persons accused in this case, who are most unlikely to support the F. I. R. Learned counsel for the petitioner ap prehends thai the petitioner shall not get justice in case the investigation is con ducted in the manner it is being conducted by the police and the same be entrusted to some independent agency. Although no such prayer has been made in the petition but the facts and circumstances of the case as mentioned in the petition so also the contention raised at the Bar appears to be a serious matter. The court although can not guide or interfere in the investigation, in appropriate cases, however, investiga tion can be entrusted to some agency which inspires faith to the complainant. Learned Senior Government Advocate is present. He informs that Crime Branch C. I. D commonly known as C. B. C. I. D. , is the other agency which is independent of the local police and State has no objection if the matter of investigation is entrusted to said agency. Let the investigation of Case Crime No. 260 of 1995 P. S. Hasan ganj Lucknow and connected cases, if any, be conducted by C. B. C. I. D. henceforth. The case diary recorded, if any, shall be handed over to the said agency. A copy of this order be supplied to the learned Government Advocate and a copy of the same be sent to the Superintendent of Police, C. B. C. I. D. With these directions, this petition is disposed of finally. Petition disposed of. .