VINAY KUMAR SAXENA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Invoking the extraordinary jurisdiction of this Court under Arts. 226 and 227 of the Constitution of India the petitioner has prayed for issuance of a direction to the respondents to properly investigate with regard to crime No. 114/99 instituted for offences punishable under Ss. 147, 148/149, 365, 323, 294 and 506-II of Indian Penal Code (in short 'IPC') registered at Police Station Gorakhpur on the basis of FIR lodged by the petitioner and further to quash the order by which the investigation has been transferred to Criminal Investigation Department, Bhopal. Apart from these two reliefs other reliefs have been prayed which are essentially ancillary to the aforesaid reliefs.

(2.) Facts as have been portrayed in the writ petition are that the petitioner is a contractor and has undertaken the works of constructions in the Housing Board. The petitioner had made a complaint against one A.K.S. Tomar, the Additional Commissioner, M.P. Housing Board, Jabalpur regarding the corruption and an enquiry was conducted against said Shri Tomar. This complaint of the petitioner had annoyed said Tomar who had harboured an ill-will against the petitioner. On 23-2-1999 the petitioner had gone to the office of Shri L.S. Songer, Deputy Housing Commissioner along with his companions Ravindra Shrivastava and Dinesh Vishwakarma. Shri Tomar was called by Shri Songer but when he did not come to the office of the Deputy Housing Commissioner Shri Songer asked the petitioner to meet Shri Tomar in the Office. Thereafter the petitioner reached the office of the Administrative Officer. At that time Shri Tomar who was present over there started abusing the petitioner. Thereafter the petitioner came out and at that juncture Shri Tomar took away the petitioner to the University. According to directions of Shri Tomar the petitioner was kidnapped in a jeep by Ashok Tomar and his three other companions. After being kidnapped the jeep reached at Gorakhpur where there was a crowd and on a cry being made by the petitioner the jeep was surrounded and in between ASI Garg came over there and the said accused persons were arrested. Against Ashok Tomar a series of offences had already been registered and against Satendra Singh two offences were registered under Ss. 307 and 506-II of IPC respectively. It is pleaded in the petition that the petitioner was sent for medical examination and it was found he had sustained grievous injury in his ear. Thereafter the said accused person filed application for grant of bail under S. 439 of Code of Criminal Procedure (hereinafter referred to as 'the Code') but the same was rejected by the Court of session. On that stage the petitioner came to learn from the Inspector Kurchania that the crime No. 114/99 was not being investigated by the concerned officer of Gorakhpur Police Station and same was being investigated by the Criminal Investigation Department on the basis of an order passed by the Department of Home. Thereafter the petitioner was asked to remain present at police station Gorakhpur at 4 p.m. on 15-3-1999. The petitioner along with all the witnesses reached police station, Gorakhpur but inspector Khurchania was not present. It is urged by the petitioner that the case has been transrferred to CID at the behest of the accused person, Shri A.K.S. Tomar who has political connections and on the said basis he has managed to get the investigation transferred to CID inspite of the fact that the police Administration has not demanded for it. It is urged that transfer of the file to CID is in violation of the Regulation 16 of the Police Manual. It is also put forth that Superintendent of Police had not demanded any investigation by the CID nor there had been request by the Police of Police Station, Gorakhpur. It is also setforth that there is no request of the accused persons to the S.P. Jabalpur in this regard. With these averments reliefs have been sought for as indicated hereinabove.

(3.) A reply has been filed by the respondents contending, inter alia, that A.K.S. Tomar is an Executive Engineer in M.P. Housing Board. He filed a writ petition forming the subject matter of W.P. No. 1315/99 alleging that Police has not registered any offence on the basis of an FIR lodged by him. He had made allegations against the local police. The reply filed by the respondents therein has been brought on record as Annexure R-1. Shri Tomar also represented making allegations that on his complaint the local police had not taken any cognizance and requested that the matter should be got investigated by some independent agency. Considering the rival allegations the matter has been handed over to the CID, and hence, there is no illegality in the said decision.