The main legal point established in the judgment is the discretion of the State Government to direct further investigation and transfer it to another agency, as well as the role of investigating agencies and courts in arriving at the truth and protecting the innocent.

( 1 ) HEARD Sri V. P. Srivastava, learned counsel for the petitioner, Sri D. S. Mishra, learned counsel for the respondents and learned AGA and have gone through the record.

( 2 ) INSTANT writ petition has been filed under Article 226 of the Constitution of India to quash the order dated 9. 2. 05 passed by the State Government vide (Annexure-12 to the writ petition), whereby investigation relating to irregularities in auction sale by the Public Works Department (hereinafter referred to as PWD) at Ballia, murder of four persons at the time of tender of contract of PWD and investigation in respect of death of Anshuman Chaubey son of Smt. Asha chaubey and all connected matters have been transferred from Civil Police to CB-CID for further investigation, under the signature of Special Secretary, Uttar Pradesh Government, lucknow.

( 3 ) THE fact of the case is that FIR No. 301 of 2004 under section 147/148/149/307/302 IPC, section 7 Criminal Law Amendment Act was lodged at Police Station Kotwali, district Ballia by petitioner Upendra Singh resident of Village Middha, P. S. Phephna, district Ballia on 3. 7. 2004 at 11. 35 a. m. against Kaushal Chaubey, Kamla Kant Chaubey, Ajit Chaubey, Anshuman Chaubey, chandrachurn @ Shera Chaubey, Naveen Chaturvedi, Arvind Chaubey, Bhagwati Rai, Krishan singh, Anup Chaubey, Munna Chaubey and Avneesh Chaubey all resident of district Ballia, containing the fact that when on the same day at 11. 10 a. m. Daya Shanker Singh, Kamal Singh, ajay Singh , Nardeshwar Pandey,santosh Kumar Singh, Dashram Singh, Satya Prakash Singh were going to participate in purchase of tender form from PWD Office ,ballia by their vehicles, the above mentioned accused persons fired on them as a result of which Daya Shanker Singh, satya Prakash Singh, Arvind Singh and Akhilesh Singh died. Another FIR bearing No. 83 of 2004 under section 307 IPC and Crime No. 84 of 2004 under section 25/27 Arms Act was lodged at P. S. Phepna, district Ballia by Ram Singh the then Station Officer, P. S. Reoti, district ballia on 3. 7. 2004 at 6. 30 p. m. and on the same day at 3. 10 p. m. when he alongwith police party was on petrol duty the police party was informed that two miscreants with arms had entered into the village Dharampura, he alongwith police party reached the village Dharampura and in encounter Anshuman Chaubey son of Kaushal Kumar Chaubey , village Chain, P. S. Haldi, district Ballia was injured and he was subsequently killed by the public persons and one other was successful in making his escape good.

( 4 ) ANSHUMAN Chaubey was son of Smt. Asha Chaubey who is opposite party 8 in this writ petition.

( 5 ) CHANDRACHURN Chaubey accused no. 5 of Crime No. 301 of 2004 mentioned above moved application in the court of Chief Judicial Magistrate, Ballia under section 156 (3) of Cr. P. C. on 26. 7. 2004 that when he was returning in his Maruti Car on 3. 7. 04 at 10. 30 a. m. from the Bank and reached in front of the office of PWD Office, Ballia he saw that firing was going on between two rival groups of contractors of PWD as a result of which he received fire arms injuries, he was admitted in Ballia Hospital where his cousin brother Anshuman Chaubey also reached. Rival group of petitioner Upendra Singh alongwith his associates abducted Anshuman Chaubey and carried to some unknown place, therefore a direction be made to investigate the case. On his application the Chief Judicial Magistrate, Ballia passed order on 13. 8. 2004 and directed the station House Officer, Kotwali, district Ballia to register the case and investigate. On which crime No. 301 A of 2004 under section 147/148/149/307/504/506/342 IPC, Police Station kotwali, district Ballia was registered against Uma Shanker Singh, Arvind Singh, Akhilesh singh, Daya Shanker Singh, Satya Prakash Singh, Upendra Singh, Ajay Singh, Kamal Singh, santosh Singh and Ors. .

( 6 ) IN Crime No. 301 of 2004 charge sheet was submitted, the learned Magistrate took cognizance and committe