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2005 Supreme(All) 1052

IMTIYAZ MURTAZA, AMAR SARAN
Praveen Pandey son of Sri Bal Krishna Pandey – Appellant
Versus
State of U. P. – Respondent


Advocates:
I.P.Srivastava, Vinod Prasad,

AMAR SARAN, J.

( 1 ) THIS writ petition has been filed for a direction in the nature of mandamus commanding the state of U. P. to transfer investigation of case Crime No. 17 of 2005 under Sections 147/148/149/307/427 IPC and 7 Criminal Law Amendment Act, PS Handia, District Allahabad, to CBCID or any other investigating agency other than the police of PS Handia, District allahabad.

( 2 ) WE have heard Sri Vinod Prasad for the petitioner, and the learned A. G. A representing the state and perused the record.

( 3 ) COUNTER affidavit has been filed by Sri Prem Kumar Yadav, the present investigating officer of this case. As the learned counsel for the petitioner did not want to file a rejoinder affidavit hence this case has been heard on merits.

( 4 ) THE basic ground for moving this petition was that respondent No. 4, Lal Pratap Singh, belonged to the ruling party, hence the petitioner was apprehensive that the accused would not get justice in this case from the police of police station, Handia, as they were hand in gloves with respondent No. 4 and were trying to implicate the petitioner in the crime. It is further urged that the real reason for lodging of the FIR against the petitione















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