IMPORTANT POINT
Circumstances in which a criminal case may be transferred, discussed.

JUDGMENT

J.M. Panchal, J. —

By filing this petition under Section 406 of the Code of Criminal Procedure 1973 (“The Code”, for short), the petitioner, who is son of late Radhey Shyam and who is also the first informant in the case relating to the murder of his father, has prayed that the case titled as State Vs. Aakash Tyagi and others being S.T. No. 6 of 2007 pending in the Court of learned Additional District Judge, Fast Track Court, Haridwar (Uttrakhand) arising out of crime No. 182 of 2006 and FIR No.169 of 2006 be transferred to the Court of competent jurisdiction at Delhi.

2. The background facts as projected by the petitioner in the instant petition are as follows:-

Late Radhey Shyam was initially appointed Executive Engineer in Irrigation Department of Uttar Pradesh. In January, 2004 he was posted to look after a project known as Upper Ganga Link Canal Project, under which two rivers, namely, Ganga and Yamuna were to be linked. It is claimed that because of his excellent track record, efficiency and honesty, he was promoted to the post of Superintending Engineer in November, 2005 and was placed in charge of the said project, the total cost of which was Rs.240 crores. The project was intended to solve the long standing irrigation and drinking water problems of western U.P. and also to provide a solution to control floods. He was brutally murdered in cold blood in broad day light in the afternoon of June 18, 2006 by three persons at his residence located in his Camp 0ffice at Roorkee (Uttarakhand). The petitioner, who claims to be an eye-witness, has stated that he had chased the accused but they had escaped and, therefore, he had called the police and reported the matter to the police immediately. The police on arrival at the place of the incident had taken the deceased to the Government Hospital where he was declared brought dead. On the basis of the information given by the petitioner, the police had registered an FIR No. 169/2006 on 18.6.2006. On the same day post mortem on the dead body of the deceased was conducted by the medical officers, on the intervention of the District Magistrate (Uttarakhand). The murder of Radhey Shyam, Superintending Engineer of U.P. had sent shock waves throughout Uttarakhand and U.P and in the engineering and bureaucratic community and the incident was widely reported in the newspapers.

3. Because of the high profile of the accused involved in the murder of the deceased engineer, the Uttarakhand police was found to be incapable/reluctant to investigate the crime. Therefore, the State of Uttar Pradesh had directed the Special Task Force along with Special Operation Group to investigate the murder and to arrest the accused. It may be mentioned that the Special Task Force along with Special Operation Group appointed to investigate the matter and to arrest the accused had conducted large number of raids. All the arrests were made by Special Task Force, Uttar Pradesh except one which was effected by the Uttarakhand police on the information of Special Task Force, Uttar Pradesh.

4. It is mentioned by the petitioner that large scale corruption is prevailing in the Irrigation Department and earlier two Junior Engineers were also murdered brutally. It was reported that disputes concerning the contracts which were entrusted and to be entrusted under the project had emerged as the main reason for the murders of these engineers including that of late Radhey Shyam. The record shows that after investigation, charge-sheet was filed and charges have been framed against accused persons, who are respondent Nos. 2 to 9 in the Transfer Petition, under Section 302 read with Section 120B of the Indian Penal Code and Section 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The trial has commenced in the Court of learned Additional District Judge, Fast Track Court, Haridwar (Uttarakhand) and by this time, one witness is already examined.

5. Grievance of the petitioner is