Sharafat alias Bhure vs The Station Officer, Police Station Kotwali and Others

G.P. Mathur, J.—This petition under Article 226 of the Constitution has been filed for quashing the proceedings of case No. 2543/9 of 1998 u/s 302, I.P.C., P.S. Kotwali which is pending before C.J.M. Muzaffarnagar and also the F.I.R. of the said case on the basis of which Crime No. 169 of 1998 was registered at the concerned Police Station.

The F.I.R. of the incident (annexure) was lodged by Sadakat. It is also alleged therein that the complainant and his father were going to the Mosque at about 5.45 a.m. on 3-5-1998 for the purpose of offering prayers. When they reached near the Mosque, Sadakat and Sarafat alias Bhure caught hold of the complainant''s father and Shaukat accused fired upon him. The F.I.R. was lodged at 7.10 a.m. on 3-5-1998 at P.S. Kotwali. The Police after investigation submitted charge-sheet in the Court of C.J.M. on 22-6-1998.

Sri Ramendra Asthana, learned counsel for the petitioner has submitted that the State Government had passed an order on 23-6-1998 directing that the investigation of the case shall be done by C.B., C.I.D. and therefore, the charge-sheet submitted by the Police deserves to be quashed. Learned counsel has also urged that though charge-sheet bears the date 20-6-1998 but the same has been anti dated with the object of defeating the order passed by the State Government. In support or his submission, learned counsel has placed reliance on State of Bihar and Another Vs. P.P. Sharma, IAS and Another, (Para 60).

We have given our careful consideration to the submissions made by learned counsel and in our opinion the mere fact that the State Government has passed an order for investigation by C.B., C.I.D. can be no ground for quashing the charge-sheet submitted by the Police. In Daya Shanker Singh v. State 1988 All Cri C 270 : 1988 All LJ 740 and Zulfiqar Beg alias Baby Vs. State of U.P., it has been held that the mere fact that C.B., C.I.D. is investigating the case can be no ground for staying the proceedings of the criminal trial. The authority cited by learned counsel has no bearing on the facts of the present case. An order for investigation by C.B., C.I.D. even if it has been passed cannot ipso facto render the investigation done by the Civil Police illegal.

There is no merit in this petition. It is hereby dismissed summarily at admission stage.