KUSHLENDRA PAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) M. C. Agarwal, J. By this petition under Article 226 of the Constitution of India, the petitioner seeks the following reliefs: " (i) to issue a writ, order or direction in the nature of certiorari, calling for record of the case and quash the impugned order of respondent No. 1, dated22-4-1998 (Annexureno. 5 ). (ii) to issue a writ, order or direction in the nature of mandamus, commanding the respon dents, not to enforce the impugned order of respondent No. 1 dated 22-4-1998 (Annexure-5) against the petitioner on any ground and in any manner whatsoever. (iii) to issue an interim mandamus, staying operation of the impugned order of respondent No. 1 dated 22-4-1998 (Annexure-5) pending decision of the writ petition. "

(2.) COUNTER and rejoinder affidavits have been exchanged.

(3.) IN the counter-affidavit filed on behalf of respondent Nos. 2 and 6, namely, the Station Officer, police station Bhogaon and the S. S. P. , Mainpuri (the counter-affidavit wrongly mentions serial number of respondent No. 6 as respon dent No. 5) it has been stated that the case was investigated by the local police and a charge-sheet has been submitted on 27-9-1996 and the concerned Magistrate has taken cognizance of the case on 23-5-1998. It is stated in paragraph of the said counter-affidavit mat the order dated 17-10-1996 transferring the investigation to the C. B. C. I. D. was passed on initiation of the present petitioner who was a strong supporter of an important leader who was then the Defence Minister at the centre and the petitioner himself was the sitting President of Samajwadi Party at Bewar District Mainpuri. It is stated that the C. B. C. I. D. did nothing in the matter and the local police has already submitted a charge-sheet against the petitioner and other persons. According to the respon dents the State Government is vested with the power to transfer the investigation to any agency which is considered fit in the "facts and circumstances to meet the ends of justice and that the investigation seems to have been re-transferred to the local police because it had already concluded the investigation and the C. B. C. I. D. did nothing.