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2021 Supreme(All) 662

PANKAJ NAQVI, SANJAY KUMAR PACHORI
Rama Shankar Mishra – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Dheeraj Kumar Dwivedi, K.K. Tripathi.
For the Respondent:Government Advocate.

JUDGMENT :

Sanjay Kumar Pachori, J.

1. The present writ petition under Article 226 of the Constitution of India was initially preferred for seeking direction in the nature of mandamus to transfer of the investigation of Case Crime No. 3 of 2020, P.S. Meja, District Prayagraj to Crime Branch Criminal Investigation Department (C.B.C.I.D.) or any other independent agency to ensure a fair investigation and prayed for following principal reliefs :

    “(i) Issue a writ order or direction in the nature of mandamus direct the respondent no. 2 to transfer the investigation of present case, i.e. Case Crime No. 03 of 2020, under Sections 147, 366 I.P.C. Police Station Meja, District Prayagraj to C.B.C.I.D. or any other any other independent agency to ensure fair investigation.

(ii) Issue a writ order or direction in the nature of mandamus commanding the respondent no. 2 and 3 to arrest the accused persons in the present case."

2. We, after hearing the learned counsel for the parties, passed a detailed order on 1.10.2020. The operative part of the said order is quoted hereunder :-

    (i) The order of cognizance dated 1.5.2020 passed by the Remand Magistrate in Case Crime No. 3/2020, under Sections 147/366

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