Allahabad High Court
C.B.I vs State Of U.P. And Another on 5 October, 2020
Author: Suneet Kumar
Bench: Suneet Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 34 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 156 of 2020 Applicant :- C.B.I Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Yadav,Gyan Prakash(Senior Adv.) Counsel for Opposite Party :- G.A. Hon'ble Suneet Kumar,J.
Heard Shri Gyan Prakash, Assistant Solicitor General assisted by Shri Sanjay Kumar Yadav, learned counsel appearing for the C.B.I. and learned A.G.A. for the State.
By the instant application, applicant/C.B.I. seeks the following reliefs:
"1. Transfer the Session Trial No. 525 of 2018, State of U.P. vs. Sunil Rathi (Case Crime No. 377 of 2018) under Section 302 IPC, Police Station Khekra, District Baghpat, U.P.) pending in the court of learned District Judge, Baghpat, to Special Judge, Central Bureau Investigation Court at Ghaziabad along with all case record;
2. Direct the Trial Court at Baghpat to provide original records and exhibits deposited by Police Station Khekra, District Baghpat, U.P. in connection with F.I.R. No.0377 of 2018 to CBI for investigation, and / or pass such other order which this Hon'ble Court may deem fit and proper under circumstances of the case."
The Division Bench of this Court in Seema Singh vs. State of U.P. and 5 others (Criminal Misc. Writ Petition No. 23368 of 2018), vide order dated 25.2.2020 passed a detailed order. Operative portion reads thus:
"43. In view of above discussion, we have no hesitation in holding that the prayer made by petitioner for directing an investigation by an independent investigating agency, like CBI deserves to be allowed. The matter requires an in-depth and that too impartial, fair and independent investigation to go to the root of the matter as to how and in what manner, petitioner's husband has been murdered in custody and whether a detained convict, who committed murder is a face of deeper conspiracy and behind him who are the other persons, actually involved and guilty of crime, are all such aspects, which require to be investigated by CBI.
44. Accordingly, we direct CBI to register a case and make investigation in the manner in which petitioner's husband namely Prem Prakash Singh @ Munna Bajrangi has been murdered in District Jail Baghpat and all other aspects including those noted above. While investigating, various aspects of the matter, it shall also investigate into the question as to what were the real circumstances in which petitioner's husband was transferred to Baghpat Jail and within less than 12 hours, his murder took place in District Jail Baghpat. Role of Administrative and other Authorities in the matter and also, whether Sunil Rathi, actually caused death of petitioner's husband or it is a wider conspiracy shall also be examined.
45. CBI Shall proceed with investigation expeditiously and first progress report shall be submitted to the Court for its perusal on 20th April, 2020. Only for the purpose of perusal of C.B.I. Progress report, matter shall be listed on 20th April, 2020."
Pursuant thereof, C.B.I. has taken over the investigation. Accordingly, present application has been filed seeking transfer of the case to the competent court having jurisdiction.
Accordingly, application is allowed.
The District Judge, Baghpat, is directed to transfer Session Trial No. 525 of 2018, State of U.P. vs. Sunil Rathi (Case Crime No. 377 of 2018) under Section 302 IPC, Police Station Khekra, District Baghpat, U.P.) to Special Judge, Central Bureau Investigation Court at Ghaziabad with complete record.
Order Date :- 5.10.2020 Mukesh Kr.