The court emphasized that the transfer of investigation must be justified by exceptional circumstances, ensuring a fair and impartial investigation while upholding the integrity of the judicial process.

JUDGMENT :

Prashant Kumar, J.

1. Heard Shri Rakesh Pande, learned Senior Advocate assisted by Mohd. Aman Khan, learned counsel for the petitioner and Shri Paritosh Malviya, learned AGA-I alongwith Shri Sanjay Kumar Singh, learned AGA for the State-respondents.

2. The instant writ petition is preferred under Article 226 of Constitution of India seeking following reliefs:-

“a. To call for the records from the respondents.

b. To issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 26.06.2019 (Vide Annexure No.1 of this Writ Petition) (Letter No.12 C.I.D./6-Pu-11-19-387M/2018) passed by the Government of U.P. through its Principal Secretary Home, Police Anubhag-11, Home Department U.P. whereby it has transferred the investigation of Case Crime No.238 of 2018 under Sections 147 , 148, 149, 302, 120B, 34 IPC and Section 7 of Criminal Law Amendment Act, Police Station Chopan, District Sonbhadra, U.P. from the local police of Police Station Chopan, District Sonbhadra to C.B.C.I.D. and has not passed any order relating to the prayer of the petitioner for adding the offences under the Unlawful Activity Prevention Act, 1967 and for taking necessary actions under Section 6 of the National Investigation Agency Act, 2008 i.e. submission of report to the Central Govt. as contemplated under Section 6 (2) of the National Investigation Agency Act, 2008 so that Central Govt. may take a decision as contemplated under Section6(3) of the National Investigation Agency Act, 2008.

c. To issue a writ in the nature of mandamus directing/commanding the investigation of C.B. Case No.93 of 2019, Sector Varanasi, which arises out of aforesaid Case Crime No.238 of 2018 under Sections 147 , 148, 149, 302, 120B, 34 IPC and Section 7 of Criminal Law Amendment Act, Police Station Chopan, District Sonbhadra, U.P. to be transferred from C.B.C.I.D. to agency of Central Govt. i.e. the National Investigation Agency or the Central Bureau of Investigation.

d. To issue a writ in the nature of mandamus commanding the Union of India, Ministry of Home Affairs to take a decision on the representation dated 12.07.2019 (vide Annexure No.33) on behalf of the petitioner for taking action under Section 6 (5) of the National Investigation Agency Act, 2008.

e. To ensure fair, impartial, prompt and timely investigation of Case Crime No.238 of 2018 under Sections 147 , 148, 149, 302, 120B, 34 IPC and Section 7 of Criminal Law Amendment Act, Police Station Chopan, District Sonbhadra, U.P. which is presently being investigated by the C.B.C.I.D. Sector Varanasi as C.B. Case No.93 of 2019 Sector Varanasi by monitoring the investigation of the aforesaid Case Crime No.238 of 2018 which is presently being investigated by the C.B.C.I.D. Sector Varanasi as C.B. Case No.93 of 2019 Sector Varanasi and to direct penal and disciplinary action against the investigating officers for lapses and shortcomings in investigation of aforesaid Case Crime No.238 of 2018 presently C.B. Case No.93 of 2019 Sector Varanasi.

f. To ensure that petitioner is not pressurized in pursuing the Sessions Trial No.18/19 of 2019 arising out of Case Crime No.238 of 2018 under Sections 147 , 148, 149, 302, 120B, 34 IPC and Section 7 of Criminal Law Amendment Act, Police Station Chopan, District Sonbhadra, as well as pursuing and participating in the further investigation of the aforesaid Case Crime No.238 of 2018 on account of threat and danger of life and person of the counsel of the petitioner who is repres