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1996 Supreme(All) 1259

G.P.MATHUR, D.C.SRIVASTAVA
BHOPAL – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
Ajay Rajendra, G.C.SAXENA

G. P. MATHUR, J.

( 1 ) THIS petition under Article 226 of the Constitution of India has been filed for quashing the order dated 4-8-1995 passed by the State Government whereby earlier order entrusting the investigation to CB, CID of Case Crime No. 129 of 1994 of P. S. Doghat, District Meerut was rescinded and the local police was directed to investigate the same.

( 2 ) ONE Raghubir was murdered in the evening of 5-10-1994 and the FIR of the incident was lodged by Rajpal Singh alleging that the applicants had committed his murder by assaulting him with knives. A case was registered as Crime No. 129/94 under Section 302, IPC at P. S. Doghat, District Meerut against all the three applicants. The local police investigated the matter and after investigation submitted a charge-sheet dated 25-11-1994 in the Court of CJM, Meerut. Curiously enough, in the charge-sheet the applicants were shown as absconding though the first informant had moved applications before the CJM alleging that the applicants were roaming scotfree in the village. It appears that before the charge-sheet had been submitted by the local police, the State Government had passed an order directing that the case shall be in











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