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2019 Supreme(All) 1855
IN THE HIGH COURT OF ALLAHABAD
Shabihul Hasnain, Rajeev Singh, JJ.
Bhawani Pher Dubey Reserved - Petitioner
Vs.
State Of U.P. Thru.Prin. Secy. Home & Ors. - Respondent
Misc. Bench No. 20867 of 2018
Decided On : 18-11-2019
For the Petitioner: Karunakar Srivastava
For the Respondent:Govt. Advocate, Rajendra Kumar Dwivedi
Headnote:
Penal Code – Sections 332, 353, 392 – Petitioner submitted that son of petitioner working in Prism Cement Ltd. as Assistant and due to some official work, he was going by Train at place of Tikri. In meantime, respondent 6 who is T.T.E. in Railways came and asked for ticket and son of petitioner has shown ticket of General Class. As result, respondent 6 asked to pay penalty to ticket and demanded Rs.1000/-and son of petitioner gave same but neither ticket made nor any receipt of payment was given to son of petitioner, his son requested to make his ticket and also provide receipt of penalty but opposite party 6 denied and started abusing by showing his own pistol but when his son raised objection, then he thrown out from running train, as result, he received serious injuries and thereafter, with help of others, he was immediately brought to Hospital Gonda and on advise of doctor therein he referred to District Hospital, Gonda, but due to serious condition and head injury, his son admitted in Raj Rajeshwari Hospital –Held, Public orders, publicly made, in exercise of a statutory authority cannot be construed in light of explanations subsequently given by officer making order of what he meant, or of what was in his mind, or what he intended to do, public orders made by public authorities are meant to have public effect and are intended to affect the acting’s and conduct of those to whom they are addressed and must be construed objectively with reference to language used in the order itself, on the request of the accused, investigation should not be transferred in the ordinary circumstances, In Para 2(x) of Circular, it is categorically provided that the order by which investigation of case has been transferred, must be speaking order – Petition is allowed. (Para 8, 20, 22)
JUDGMENT :
Rajeev Singh, J.
1. Heard Shri Karunakar Srivastava, learned counsel for the petitioner, Shri Rajendra Kumar Dwivedi, learned counsel for the respondent No.6 and Shri S.P. Singh, learned counsel for the State.
2. The petition seeks issuance of a writ in the nature of certiorari quashing order dated 19.06.2018 passed by Special Secretary, Home, Government of U.P. Lucknow for transferring the investigation of Case Crime No.208 A of 2015 Police Station G.R.P. Gonda on the choice of accused side.
3. Learned counsel for the petitioner has submitted that the son of petitioner was working in Prism Cement Ltd. as Assistant Manager (Sales) and due to some official work, he was going to Faizabad from Mankapur by Train namely Gorakhpur-Yashwan Nagar Express Train No.15023 and at the place of Tikri. In the meantime, respondent No.6 who is T.T.E. (Train Ticket Examiner) in the Railways, came and asked for the ticket and the son of the petitioner has shown the ticket of General Class. As a result, the respondent No.6 asked to pay the penalty to the ticket and demanded Rs.1000/-and the son of petitioner gave the same but neither the ticket was made nor any receipt of payment was given to the son of petitioner. Therefore, his son requested to make his ticket and also provide the receipt of penalty but the opposite party No.6 denied and started abusing by showing his own pistol but when his son raised objection, then he was thrown out from the running train, as a result, he received serious injuries and thereafter, with the help of others, he was immediately brought to the Community Health Centre, Mankapur, District Gonda and on the advise of doctor therein he was referred to District Hospital, Gonda, but due to serious condition and head injury, his son was admitted in Raj Rajeshwari Hospital, Faizabad.
4. Learned counsel for the petitioner has further submitted that one FIR was lodged as Case Crime No.Nil/29 of 2015 under Sections 332, 353, 392 I.P.C., Police Station G.R.P. Faizabad, District Faizabad by the respondent No.6 with intention to save him, which was subsequently converted into the Case Crime No.208 of 2015, under Sections 332, 353,392 I.P.C. Police Station G.R.P. District Gonda in which under influence of opposite party No.6, the chargesheet under Sections 332 and 353 I.P.C. dated 16.08.2015 was filed by the Investigating Agency and the ACJM, Railway Gonda took cognizance and registered the case as Case No.2833 of 2015.
5. Learned counsel for the petitioner has further submitted that the FIR of petitioner was transferred to the Police Station G.R.P., District Gonda and registered as Case Crime No.208A of 2015, under Sections 307, 325, 323, 504 I.P.C. read with Section 152 Railways Act, Police Station G.R.P., District Gonda.
6. Being aggrieved with the aforesaid FIR of the petitioner, the respondent No.6 filed a writ petition bearing Writ Petition No.10596 (M/B) of 2015 (Anil Kumar Singh Vs. State of U.P.), the said writ petition was dismissed vide order dated 03.02.2016, after considering the counter affidavit filed by the Prosecuting Agency.
7. Learned counsel for the applicant further submitted that under the influence of respondent No.6, the investigation of Case Crime No.208A of 2015 was going on but it has been transferred from Gonda to Deoria and again the matter was transferred to G.R.P. Gonda. As respondent No.6 was searching the suitability, as a result, being aggrieved with the aforesaid action for transferring the investigation, the petitioner filed a Writ Petition No.2435 (M/B) of 2017 before this Court in which vide order dated 03.02.2017, this Hon’ble Court directed the learned counsel for Government Railway Police (GRP), Gonda to produce the original record by which the investigation of Case Crime No.208A of 2015(supra) was transferred from G.R.P. Gonda to G.R.P. Charbagh, District Lucknow. On several dates, the time was sought by the learned A.G.A. but the record was not produced. In the meantime, final report
