By the Court.—Heard learned counsel for the petitioner and learned AGA for the State of U.P.

The petitioner Shailendra Singh Chauhan has filed this writ petition with the following prayer:

(i) issue a writ, order or direction in the nature of certiorari quashing order dated 2.11.2012 passed by the Deputy Secretary U.P. Government Administration vide letter number Samayabaddha/Rastriya Manvadhikar Ayog Prakashan No. C.B. 34/Chh : Ma.1/12-13 (201)/12, as well as order dated 17.7.2012 passed by the Assistant Registrar (Law) National Human Rights Commission, New Delhi that the further investigation in case crime No. 1571 of 2008 under Section 302 IPC P.S. Sihani Gate District Ghaziabad (Annexure No. 4 to the petition) be conducted by the CBCID Uttar Pradesh.

(ii) issue a writ, order or direction in the nature of mandamus directing the respondents concerned to stop the further investigation by the CBCID Uttar Pradesh in case crime No. 1571 of 2008 under Section 302 IPC P.S. Sihani Gate District Ghaziabad (Annexure No. 4 to the petition) be conducted by the CBCID Uttar Pradesh.

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

(iv) Award cost of the writ petition to the petitioner throughout.

2. The facts of the case in brief are that the FIR has been lodged by the petitioner on 13.12.2008 at 10.05 a.m. at P.S. Sihani Gate District Ghaziabad in respect of the incident allegedly occurred on 6.12.2008 in case crime No. 1571 of 2008. After completing the investigation the charge-sheet dated 5.3.2009 has been filed in the Court concerned against the accused Satyapal Singh, Anand Prakash, Smt. Rajesh w/o Sri Satyapal Singh and Vinod for the offence punishable under Section 302 IPC. The learned Magistrate concerned took the cognizance on the abovementioned charge-sheet and thereafter the case has been committed to the Court of Sessions. The Sessions trial is pending in the Court of learned VIIth Additional Sessions Judge Ghaziabad vide ST No. 1075 of 2009 but on the application moved by Smt. Rajeshwari Devi, wife of accused Satpal Verma, the National Human Rights Commission issued a direction to the State Government for ensuring the investigation of the case through CBCID. In pursuance of the order dated 17.7.2012 passed by the National Human Rights Commission, the State Government took the decision to investigate the abovementioned case by CBCID and such decisin has been communicated vide letter dated 2.11.2012. Being aggrieved from the orders dated 2.11.2012 and 17.7.2012, the petitioner preferred the present writ petition.

3. From the perusal of the record it reveals that in the present case the investigation has already been completed and charge-sheet dated 5.3.2009 has been submitted in the Court of learned Magistrate concerned on which the learned Magistrate concerned has taken the cognizance on 18.3.2009 and thereafter, after following due procedure the case has been committed to the Court of Sessions. At the stage of pendency of the trial, on the application moved by Smt. Rajeshwari Devi, wife of accused Satpal Verma, the National Human Rights Commission has taken the decision recommending the State Government to have the investigation by CBCID. In pursuance of the order dated 17.7.2012 the State Government also took the decision for transferring the investigation of the abovementioned case to CBCID. It appears that the real facts have not been brought to the notice of the National Human Rights Commission and the State Government including the fact that in the present case investigation has already been completed and charge-sheet has been submitted in the Court concerned. After taking the cognizance the case has been committed to the Court of Sessions and the Sessions trial is pending. According to The National Human Rights Commission (Procedure) Regulations, 1994, the procedure for dealing with complaints has been defined in