MAHANT TEWARI Vs. STATE OF U P

JUDGEMENT

(1.) S. K. Agarwal, J. We have heard the learned counsel for the petitioners, Sri A. B. L. Gaur, and the learned A. G. A. for the State.

(2.) BY this petition the learned counsel for the petitioners want us to quash the order of the Government of U. P. dated 20-3-1998 on the grounds, inter alia, that the order dated 20-3-1998 is a non-speak ing order and no reasons have been as signed for cancelling the order dated 18-11-1997, that cancellation of the earlier order dated 18-11-1997 by the impugned order dated 20-3-1998 is malicious; and thirdly, that the impugned order dated 20-3-1998 has been passed without any ap plication of mind and under the political influence of Sri Markandey Chandra, who is a Minister in Government of U. P. In order to appreciate the above contention raised by the learned counsel, Sri A. B. L. Gaur, a few facts are necessary to be dis cussed. An incident had taken place on 7-10-1996 at 6. 00 p. m. This was the day on which the polling for the State Assembly was going on and the injured party was returning after the conclusion of the poll ing when this assault occurred. In this inci dent one person, viz. Om Prakash, lost his life and three persons bad received in juries. An F. l. R. of this incident was lodged on 8. 10. J9yo at 3. 40 p. m. after the medical examination, etc. of the injured and the deceased were completed.

(3.) IN pursuance of the aforesaid order, INspector Abhai Singh of the C. B. C. I. D. had initiated the investigation of this case Crime No. 155 of 1996. It has further been alleged that the SSP. Gorakhpur, and the DIG, Gorakhpur did not communicate the order to the local police, in time. This lapse on their part resulted into submission of a charge-sheet by Ram Kumar Gautam, S. O. , P. S. Belaghat, District Gorakhpur against the accused persons. On the submission of charge sheet, it appears that learned C. J. M. has also taken congnizance.