By the Court.—Heard learned counsel for the petitioner, learned A.G.A. for the State of U.P. and counsel for respondent No. 6.

The petitioner Smt. Janaki Devi has filed this petition with a prayer to quash the order dated 11.6.2013 passed by the respondent No. 2 Deputy Secretary, U.P. Shasan, Lucknow by which the order of further investigation has been passed and the same has been transferred to CBCID and the consequential order including 22.6.2013 passed by Resp. No. 5 Khandadhikari, CBCID Kanpur in case crime No. 266 of 2013 under Section 302 IPC, P.S. Raudhauli, District Basti.

2. The facts in brief of this are that the FIR of this case has been lodged by the petitioner Smt. Janaki Devi on 10.5.2013 in respect of the incident allegedly occurred on 9.5.2013 at P.S. Raudhauli in case crime No. 266 of 2013 under Section 302 IPC alleging therein that her husband has been shot dead by unknown miscreants. Its investigation was done by the civil police and after completing the investigation charge-sheet dated 12.6.2013 was submitted in the Court concerned against accused Raghuveer Singh, Ajay Mishra, Madan Lal, Pinku Singh @ Pradeep Sungh, Gaurish Pandey and Lakshmi Singh, thereafter on an application moved by Smt. Ranju Singh wife of accused Pinku Singh @ Pradeep Singh the order of further investigation transferring it to CBCID has been passed, its communication has been made by respondent NO. 2 Under Secretary vide order dated 11.6.2013 and thereafter the consequential orders have been passed transferring the further investigation to Inspector CBCID, Kanpur. After passing the impugned order transferring the investigation to the CBCID an application was moved in the Court of CJM Basti by the accused Gaurish Pandey and Pradeep Kumar @ Pinku Singh with a prayer not to take the cognizance on the charge-sheet submitted in the above mentioned case and the matter may be sent to further investigation, the same was rejected by the CJM, Basti on 24.6.2013 in criminal case No. 1876 of 2013 and the learned CJM, Basti took the cognizance on the charge-sheet submitted by the I.O.

3. The present writ petition has been filed by Smt. Janaki Devi who is first informant of the above mentioned case with a prayer to quash the order dated 11.6.2013 and consequently orders passed in this regard.

It is contended by learned counsel for the petitioner that it is a case in which the investigation has been completed by the civil police and after completing the investigation the charge-sheet has been submitted in the Court of learned CJM, Basti but without any proper reason and in a arbitrary manner on the application moved by Smt. Ranju Singh wife of Pinku Singh @ Pradeep Singh the order of further investigation has been passed and the same has been transferred to CBCID. The impugned order has been passed by the State Government against the guidelines issued by the Chief Secretary, State of U.P. and no ground of the further investigation has been shown. It is a case in which no permission has been obtained from the Court concerned also. The impugned order transferring the investigation to CBCID and the consequential orders passed in this regard are illegal, the same may be set aside.

4. In reply of the above contention, it is submitted by learned A.G.A. and learned counsel for respondent No. 6 that the impugned order has been passed on the basis of considering the report of S.P. Basti, it comes under the domain of the State Government to hold the further investigation under Section 173(8) Cr.P.C., to ensure the fair investigation. The fair investigation is right of the accused, victim and the first informant etc. The order of further investigation has been passed prior taking the cognizance. There is no illegality in the impugned order and the consequential orders passed in this regard. The present writ petition is devoid of merits, the same may be dismissed.

5. Considering the submissions made by learned counsel for the petitioner, learned A.G.A.