Hon’ble Vinod Prasad, J.—Smt. Leena Katiyar informant of Crime number 467 of 2007, under Sections 264A, 302, 201, I.P.C., Police Station Kotwali Fatehgarh, District Farrukhabad has invoked our extraordinary jurisdiction under Article 226 of the Constitution of India, with the prayers to issue a writ of mandamus commanding respondents No. 1 to 8 to submit charge sheet against Sunil Katheria and Haplu, respondents No. 9 and 10 in the aforesaid crime number, relating to SST No. 40 of 2007, pending before Special Judge, (DAA), Farrukhabad. Second prayer made is to issue a writ of mandamus commanding the aforesaid respondents 1 to 8 to send the tapes and CDs recorded between 22.4.2007 and 1.5.2007 by the Superintendent of Police and Additional Superintendent of Police for sound spectrography to voice recording experts. Another prayer is to issue a writ of mandamus commanding those very respondents to record voice sample of the accused persons through Special Judge (DAA), Farrukhabad for being compared and examined through sound Spectrography from the taps and CDs mentioned above.

2. Relevant facts are that the son of the informant Madhusudan @ Madhu is allegated to have been kidnapped and murdered for ransom by the accused persons who are eight in number including respondents No. 9 and 10. Police investigated the offence and to decipher the crime resorted to electronic surveillances to tap the phone conversations between informant and accused persons and also inter se between them. After completion of investigation the police submitted the charge sheet against the accused for the aforementioned offences on the basis of which SST No. 40 of 2007 was registered in the court of Special Judge (DAA), Farrukhabad which is still pending.

3. Father of one of the accused Happy @ Shivam, who now has been declared to be a Juvenile, rued false implication of his minor son and, being a person of SC/ST caste, approached SC/ST Commission who recommended for further investigation and on such a recommendation Director General of Police and other Higher Police Officers ordered for further investigation by Special Enquiry Cell. The investigating officer of Special Enquiry Cell approached the Court of Special Judge (DAA) Farrukhbad. Seeking his approval for further investigation and the Court approved the same vide it’s order dated 30.5.2007 and therefore further investigation in the crime is ongoing under Section 173 (8), Cr.P.C. It is important to note that order for further investigation has been challenged by the informant petitioner in connected writ petition No. 7318 of 2008, Smt. Leena Katiyar v. State of U.P. and others which is being disposed off today itself by passing a separate order for the sake of convenience. Since the police did not charge sheeted respondents No. 9 and 10 Sunil Katheria and Haplu hence informant has filed the present writ petition.

4. We have heard Sri Murlidhar, learned Senior counsel as well as Sri A.N. Srivastava in support of this writ petition and Sri V.P. Srivastava, learned Senior counsel assisted by Sri Lav Srivastava and learned AGA in opposition and have gone through the averments made in this writ petition.

5. From the record it is not disputed that the civil police after investigation has submitted charge-sheet against the accused persons except respondents No. 9 and 10. Informant is aggrieved by non-charge sheeting of aforesaid respondents. This can now been done only under Section 173(8), Cr.P.C. as there is no other provision in the Code of Criminal Procedure for the same. Special Judge (DAA) has also taken the cognizance of the offences and had summoned the charge sheeted accused excluding those two respondents. The only sections under Cr.P.C. now left with the court to add accused in the trial is Section 319, Cr.P.C., after some evidence of commission of offence is brought on record during trial by the prosecution witnesses recorded during the trial. But for the aforesaid section there is no other p