BHAWANI PHER DUBEY Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Karunakar Srivastava, learned counsel for the petitioner, Shri Rajendra Kumar Dwivedi, learned counsel for the respondent No.6 and Shri S.P. Singh, learned counsel for the State.

(2.) The petition seeks issuance of a writ in the nature of certiorari quashing order dated 19.06.2018 passed by Special Secretary, Home, Government of U.P. Lucknow for transferring the investigation of Case Crime No.208 A of 2015 Police Station G.R.P. Gonda on the choice of accused side.

(3.) Learned counsel for the petitioner has submitted that the son of petitioner was working in Prism Cement Ltd. as Assistant Manager (Sales) and due to some official work, he was going to Faizabad from Mankapur by Train namely Gorakhpur-Yashwan Nagar Express Train No.15023 and at the place of Tikri. In the meantime, respondent No.6 who is T.T.E. (Train Ticket Examiner) in the Railways, came and asked for the ticket and the son of the petitioner has shown the ticket of General Class. As a result, the respondent No.6 asked to pay the penalty to the ticket and demanded Rs.1000/- and the son of petitioner gave the same but neither the ticket was made nor any receipt of payment was given to the son of petitioner. Therefore, his son requested to make his ticket and also provide the receipt of penalty but the opposite party No.6 denied and started abusing by showing his own pistol but when his son raised objection, then he was thrown out from the running train, as a result, he received serious injuries and thereafter, with the help of others, he was immediately brought to the Community Health Centre, Mankapur, District Gonda and on the advise of doctor therein he was referred to District Hospital, Gonda, but due to serious condition and head injury, his son was admitted in Raj Rajeshwari Hospital, Faizabad.