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2021 Supreme(All) 691

DEVENDRA KUMAR UPADHYAYA, AJAI KUMAR SRIVASTAVA I
Anshad Badarudheen Through brother Azhar Badarudeen – Appellant
Versus
U. O. I. Through Secy. Internal Security, Home. Affairs – Respondent


Advocates Appeared:
For the Petitioner: Sheeran Mohiuddin Alavi, Aftab Ahmad, Saipan Shaikh, Tahir
For the Respondent:Government Advocate, Anurag Kumar Singh

JUDGMENT :

Ajai Kumar Srivastava-I, J.

1. The petitioner, by means of the instant writ petition, is seeking the following reliefs :-

    (i) To issue the writ of mandamus, to direct Respondent No.3 to take over the investigation of Case Crime/F.I.R. No.0004 of 2021 registered at Police Station-ATS, Lucknow, wherein investigation is being conducted by the respondent no.5.

(ii) To issue a writ, order or direction in the nature of mandamus to direct the respondent no.3 to investigate the role of Respondent No.4 i.e. Special Task Force in fabricating evidences and falsely implicating the petitioner as well as the co-accused in the alleged heinous crimes in the name of the PFI under monitoring of this Hon’ble Court or under supervision of Hon’ble sitting judge of this Hon’ble High Court, as this Hon’ble Court may deem fit, just and proper, in the interest of justice and equity”.

2. In order to appreciate the controversy involved in this writ petition, it is necessary to set out the relevant facts, herein below :

3. The petitioner and his friend, namely Firos K. C., are residents of the State of Kerala and are admittedly members of Popular Front of India (hereinafter referred to as “PFI”),

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