Intkhaab vs "State of Uttarakhand

Prafulla C. Pant, J.—By means of this writ petition, moved under Article 226 of the Constitution of India, the Petitioner has sought writ in the nature of mandamus directing the Respondent No. 1 to transfer and handover the investigation of Crime No. 26 of 2010, relating to offences punishable u/s 420, 467, 468, 469, 471, 120B, 114, 406, 506 of I.P.C., registered at police station Manglore, District Haridwar, to CBCID or other investigating agency.

Heard learned Counsel for the parties and perused the affidavit and counter affidavit filed on behalf of the parties.

Brief facts of the case are that an accident is said to have taken place on 30th of August 2009, at Manglore - Roorkee highway. A first information report of said accident was lodged by Narendra Kumar Tyagi at police station Manglore, which was registered as Crime No. 406 of 2009, relating to offences punishable u/s 279, 337, 338, 304A and 427 of I.P.C. In said first information report which was lodged on 8th September 2009, it is specifically mentioned that the tractor bearing registration No. UK 08L 4016 was involved with the car bearing registration No. DL 8C H 9971, in which as many as five persons, namely Ajay, Sushma Devi, Prashant, Subham and Swati died, who were sitting in the car. However, according to the present Petitioner, since the aforesaid tractor was not insured with any Insurance Company, two Advocates, namely Sri Rajbeer and Mohd. Mustafa, and Sub Inspector Huqum Singh Rauthan of police station Manglore, complainant of aforesaid F.I.R. Narendra Kumar, and three others, namely Akeel, Iqbal and Bhura conspired during investigation of F.I.R. No. 406 of 2009 conspired, and it was attempted to show that present Petitioner''s tractor bearing registration No. UP 11 Rule 3541 (which was an insured vehicle) was involved in said accident. On coming to know of said alleged forgery and cheating, Petitioner Intkhaab got registered first information report at police station Manglore, after obtaining orders from the Judicial Magistrate, Roorkee, u/s 156(3) of Code of Criminal Procedure against aforesaid ten persons, which was registered as Crime No. 26 of 2010, relating to offences punishable u/s 420, 467, 468, 469, 471, 120B, 109, 114, 406, 506 of I.P.C.

It is pleaded on behalf of the Petitioner that since January 2010, now more than one and a half year has passed, and several Investigating Officers have changed, but the investigation is not showing any result. In the counter affidavit filed on behalf of the State, No. sufficient explanation has been given as to why the progress of the investigation had been so slow. No. arrest is said to have been made so far during last more than one and a half year.

Learned Counsel for the Petitioner submitted that since one of the accused was Sub Inspector of the same police station (since transferred), and two Advocates were also involved, the investigation is not being carried fairly.

Having considered submissions of learned Counsel for the Petitioner and learned Counsel for the State, and facts and circumstances of the case, we are of the view that it is a fit case where the investigation should be transferred to CBCID of the State. Accordingly, the writ petition is allowed. Respondents are directed to transfer the investigation to CBCID, of Crime No. 26 of 2010, relating to offences punishable u/s 420, 467, 468, 469, 471, 120B, 114, 406, 506 of I.P.C., registered at police station Manglore, District Haridwar.