Hon’ble Vinod Prasad, J.—Petitioner Omveer is the first informant of FIR of Crime No. 302 of 2007, under Sections 302, 307, IPC, police station Bisrakh, District Gautam Budh Nagar. The said FIR was lodged on 2-12-2007 at 4.30 p.m. in respect of a murder executed on the same day at 1.45 p.m. The malefactors named in the FIR are Charan Singh, Sunder, Vijendra and Hoshiyar Singh. Luxman had died in the said incident whereas Yogendra had sustained serious injuries.

2. Registration of FIR engineered the investigation. Two of the accused Charan Singh and Sunder preferred Criminal Miscellaneous Writ Petition No. 2405 of 2008 for quashing of the said FIR and stay of their arrest and the matter to be get investigated by C.B.I. The said writ petition came up before us, which was dismissed on 28-2-2008 by observing that the charge-sheet has already been submitted and hence, the writ petition had become infructuous.

3. According to the case of the present petitioner, the aforesaid two accused, namely, Charan Singh and Sunder are influential persons and they, by using economic force, had earlier got the investigation transferred from police station Bisrakh to police station Kotwali Dadri from SSP Gautam Budh Nagar but even police of police station Kotwali Dadri submitted charge-sheet on 4-2-2008 being Charge sheet No. 14 of 2008 against them on which the cognizance was taken by CJM on 15-2-2008 and case No. 2114 of 2008 was registered against the charge-sheeted accused in the Court of C.J.M. vide Annexure 3 to the writ petition.

4. The accused persons, however, kept on threatening the informant and other people as except Hoshiyar Singh rest had not surrendered in the aforesaid crime number till date and therefore, the present petitioner was compelled to file Criminal Miscellaneous Writ Petition No. 1679 of 2008 praying therein that the aforesaid accused persons of the murder charge be arrested. Since the accused persons had not surrender, the lower Court had also issued process under Sections 82, 83, Cr.P.C. but the police, according to the case of the informant petitioner, is not arresting the accused persons and executing the said process.

5. It was at this stage, that accused persons approached C.J.M. Gautam Budh Nagar praying for further investigation under Section 173(8), Cr.P.C. The said prayer of the accused persons was rejected by C.J.M. Gautam Budh Nagar vide his order dated 26-3-2008 vide Annexure 5 to this writ petition.

6. It was after that the accused persons approached the State Government, who vide impugned order dated 27-3-2008 transferred the investigation to SIS Ghaziabad vide order dated 26-3-2008. The said order which is Annexure 6 to this writ petition is under challenge before us.

7. Counter-affidavit has been filed by Government Advocate wherein it is averred that Shashi wife of Charan Singh made an application to the State Government for transfer of investigation and on her application the State Government on 26-3-2008 transferred the investigation from police station Bisrakh Gautam Budh Nagar to District Ghaziabad. A copy of the order dated 26-3-2008 has been appended as Annexure CA-1. It is further averred in the counter-affidavit that SSP Ghaziabad handed over the case to SIS vide order dated 27-3-2008. Vide paragraph 9 of the counter-affidavit it is averred that police has made all efforts to arrest the accused persons but they could not be arrested. However, this fact has been admitted that the charge-sheet has been submitted by the police against the accused persons. Vide paragraph 10 of the counter-affidavit it is averred that after attaching the property under Section 82/83, Cr.P.C. that the charge-sheet was submitted against the accused persons. Vide paragraph 11 of the counter-affidavit, it has been averred that further investigation of the aforesaid crime has been directed by the SSP Gautam Budh Nagar to be concluded expeditiously by police of police station Dankaur. Rest of the contents of the counter-