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2001 Supreme(MP) 301

DIPAK MISRA
VINAY KUMAR SAXENA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates Appeared:
ASHOK AGARWAL, MANISH DATT

DIPAK MISRA, J.

( 1 ) INVOKING the extraordinary jurisdiction of this Court under Arts. 226 and 227 of the Constitution of India the petitioner has prayed for issuance of a direction to the respondents to properly investigate with regard to crime No. 114/99 instituted for offences punishable under Ss. 147, 148/149, 365, 323, 294 and 506-II of Indian Penal Code (in short 'ipc') registered at Police Station Gorakhpur on the basis of FIR lodged by the petitioner and further to quash the order by which the investigation has been transferred to Criminal Investigation Department, Bhopal. Apart from these two reliefs other reliefs have been prayed which are essentially ancillary to the aforesaid reliefs.

( 2 ) FACTS as have been portrayed in the writ petition are that the petitioner is a contractor and has undertaken the works of constructions in the Housing Board. The petitioner had made a complaint against one A. K. S. Tomar, the Additional Commissioner, M. P. Housing Board, Jabalpur regarding the corruption and an enquiry was conducted against said Shri Tomar. This complaint of the petitioner had annoyed said Tomar who had harboured an ill-will against the petitioner. On 23-2-1999 the p












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