By the Court.—Heard Sri G.S. Chaturvedi, Senior Advocate assisted by Sri Prashant Vyas, learned counsel for the petitioner, learned A.G.A. for the State of U.P., Sri Manish Tiwary and Sri Sikandar B. Kochar, learned counsel for the Respondent No. 6, Sri V.P. Srivastava, Senior Advocate assisted by Sri Amit Kumar Srivastava, Sri Lav Srivastava appearing on behalf of Respondent No. 7.

This writ petition has been filed by the petitioners Jeet Singh with a prayer to:

1. Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 30.10.2012 bearing No. 28 CID/6-Pu-11-2012-624 M/2012 passed by the Respondent No. 2 Vijay Kumar Singh, Deputy Secretary, U.P. Government Lucknow in Case Crime No. 601 of 2012, State v. Sanjeev Rai and others, under Sections 147, 148, 149, 302, 504, 506 IPC and Section 7 of Criminal Law Amendment Act, Police Station Cantt, district Varanasi.

2. Issue a writ, order or direction in the nature of mandamus directing the civil police to arrest the respondent No. 6 Pankaj Singh and produce him before the competent Court in Case Crime No. 601 of 2012, State v. Sanjeev Rai and others, under Sections 147, 148, 149, 302, 504, 506 IPC and Section 7 of Criminal Law Amendment Act, Police Station Cantt, District Varanasi.

3. Issue any other writ, order or direction which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.

2. This writ petition has been moved by the petitioner Jeet Singh who is the first informant of Case Crime No. 601 of 2012 under Sections 147, 148, 149, 302, 504, 506 IPC and Section 7 Criminal Law Amendment Act, P.S. Cantt Varanasi, District Varanasi, he has lodged the FIR of above mentioned case on 22.9.2012 at 3.40 p.m. in respect of the incident allegedly occurred on 22.9.2012 at about 2.15 p.m., in the FIR Sanjeev Rai, Rohit Rai, Pankaj Singh have been named as accused and two unknown persons were also shown as accused. It is briefly alleged that on account of a land dispute the deceased Jujhar Singh Yadav @ Kallu has been shot dead. Its investigation has been entrusted to the police of P.S. Cantt, District Varanasi. Sri Anirudh Kumar Singh, SHO, P.S. Cantt. Varanasi, District Varanasi submitted the charge-sheet dated 1.11.2012 against Sanjeev Rai, Rohit Rai and Monu @ Anupam Rai in the Court of C.J.M. Varanasi but the investigation was pending against Pankaj Singh, Rinku @ Vinod Pandey and one unknown miscreant. On the charge-sheet dated 1.11.2012 learned C.J.M. Varanasi has taken the cognizance, registered the case, summoned the accused persons from district jail, Varanasi and for preparing the copies of the documents of the prosecution the order has been passed on 5.11.2012 in Criminal case No. 18724 of 2012. In the present writ petition the order dated 30.10.2012 bearing No. 28 CID/6-Pu-11-2012-624 M/2012 passed by the respondent No. 2 Vijay Kumar Singh, Deputy Secretary, Government of U.P., Lucknow in Case Crime No. 601 of 2012, State v. Sanjeev Rai and others, under Sections 147, 148, 149, 302, 504, 506 IPC and Section 7 of Criminal Law Amendment Act, P.S. Cantt, District Varanasi has been challenged. On this order the investigation of the above mentioned case has been transferred to C.B.C.I.D. with immediate effect.

3. It is submitted by learned counsel for the petitioner that in the present case the investigation has been completed against the accused Sanjeev Rai, Rohit Rai and Monu @ Anupam Rai and charge-sheet dated 1.11.2012 has been submitted in the Court of learned C.J.M. Varanasi who has taken the cognizance on 5.11.2012. The investigation was pending only against Pankaj Singh, Rinku @ Vinod Pandey and one unknown miscreant. The investigation of above mentioned Case Crime No. 601 of 2012, P.S. Cantt, District Varanasi may not be transferred as a whole to the other investigating agency. But according to the impugned order investigation as a whole of Case Crime No. 601 of 2012 has been transferred to C.B.C.I.