Badre Aalam vs State of U.P. and Others

Imtivaz Murtaza and Amar Saran, JJ.—This writ petition has been filed by the complainant with a prayer to set aside the order dated 14.12.2005 passed by the State Government transferring the investigation from local police to CBCID and also for a direction to the Station House Officer of police station Titabi, district Muzaffarnagar to conclude the investigation of case crime No. 383 of 2005, under Sections 147/148/149/504/307/302 IPC (which was the case filed by the petitioner against Soban and Ors.) and also of the cross case at case crime No. 383-A of 2005, under Sections 147/148/323/307/302/504 IPC (in which petitioner and Ors. were made accused Both pertain to the police station Titabi, district Muzaffarnagar.

We have heard learned Counsel for the petitioner and learned Additional Government Advocate representing the State and perused the petition and the counter affidavit file by Ruchita Chaudhari, Deputy Superintendent of Police, CBCID, Meerut Sector, Meerut, the investigating officer on behalf of the Director General, CBCID, Lucknow and D.I.G, CBCID, Meerut Region, Meerut.

It has been specifically averred by the petitioner in paragraphs 7 and 8 of the petition that transfer was effected as the accused of case crime No. 383 of 2005 approached the Samajwadi Party Member of Parliament from Muzaffarnagar Shri Chaudhary Munawwar Husain, who wrote a letter to the Chief Minister dated 30.10.2005 and on that basis the State Government passed the order dated 14.12.2005 without application of mind and has transferred the investigation of both the cases, i.e. case crime Nos. 383 of 2005 and 383-A of 2005 to the CBCID.

In the counter affidavit filed by the investigating officer, there is no specific denial of these averments contained in paragraphs 7 and 8 of the petition.

The order of the State Government dated 14.12.2005 also shows that the order had been passed on the basis of the recommendation of the M.P. Shri Chaudhary Munawwar Husain dated 30.10.2005.

Significantly, nothing has been stated in the order of the State Government dated 14.12.2006 as to whether the transfer to the CBCID has been effected because the case fell within the fore corners of the relevant Government Order dated 15.9.1995.

We have held in Criminal Misc. Writ Petition No. 5382 of 2006 (Sandeep Kumar Yadav v. State of U.P. and Ors.) decided on 24.5.2006, that in routine member the investigation should be conducted by the local police and only in case where the nature of the crime is so complicated that it cannot be properly investigated by the local police, where the crime has international, inter-State or inter-division ramification, where the local conditions are such due to which it has become difficult for the civil police to investigate the case fairly or such conditions have arisen due to which a doubt is created in the mind of general public that the local police is not investigating the case fairly, the order of transfer to the CBCID could be passed.

The same view has been taken by another Division Benches of this Court in the cases of Smt. Ramwati and Ors. v. State of U.P. and Ors., 2001(42) ACC 751, Bhopal and Ors. v. State of U.P. and Ors., 1997 (34) ACC 371 and in CIVIL MISC. WRIT PETITION No. 4263 OF 2005. Praveen Pandey v. State of U.P. and 3 Ors.

We have also severely deprecated the practice of transfer being effected at the instance of the political leaders and such interference severely compromise the integrity and objectivity of the investigation process. We also feel that the CBCID has proceeded in this case in a very perfuncroty manner and the investigating officer has stated that after the case was transferred to the CBCID on 14.12.2005, she moved an application in January, 2006 before the Chief Judicial Magistrate, but she has not even been able to obtain the case diary in case crime No. 383 of 2005 up to the present date.

In this view of the matter, we set aside the order dated 14.12.2006 passed by the State Government transferring the investigation of case crime Nos. 383 of 2005 and 383-A of 2005, police station titabi, district Muzaffarnagar from local police to the CBCID and direct that the case may again be re-investigated by the local police.

We also feel that as far as possible, the local police shall make an endeavour to complete the investigating of this case within two months from the date of filing of a certified copy of this order before respondents No. 3 and 5 and also take necessary steps for arresting any accused whose arrest may still be needed.

Respondent No. 5 shall submit a compliance report of this order by 28th August, 2006.

List this case again in the last weeks of August, 2006,

A certified copy of this order shall be given to the Government Advocate within two days for compliance.