Allahabad High Court
Dinesh Kumar Laxmi Yadav vs Union Of India And 5 Others on 3 July, 2024
Author: Vivek Kumar Birla
Bench: Vivek Kumar Birla
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:107407-DB
Court No. - 42
Case :- CRIMINAL MISC. WRIT PETITION No. - 2055 of 2024
Petitioner :- Dinesh Kumar Laxmi Yadav
Respondent :- Union Of India And 5 Others
Counsel for Petitioner :- Rajendra Pratap Singh
Counsel for Respondent :- A.S.G.I.,G.A.,Manu Vardhana
Hon'ble Vivek Kumar Birla,J.
Hon'ble Arun Kumar Singh Deshwal,J.
Re: Criminal Misc. Impleadment Application No. 2 of 2024
1. Heard Sri Rajendra Prasad Singh, learned counsel for the applicant-petitioner.
2. In view of the prayer so made in the present petition and direction already given by this Court to the Central Bureau of Investigation (C.B.I.) to file counter affidavit this impleadment application is allowed.
3. Office is directed to carry out necessary amendment.
Re: Writ Petition
1. Counter affidavit filed today by the learned counsel appearing for the C.B.I. is taken on record.
2. Heard Sri Rajendra Pratap Singh, learned counsel for the petitioner, Sri Gyan Prakash, learned Senior Counsel assisted by Sri Sanjay Kumar Yadav, learned counsel appearing for the C.B.I. and learned A.G.A. appearing for the State respondents.
3. Present petition has been filed with the following prayers:-
"I. Issue writ order direction in the nature of certiorari, calling for the record and quashing the order dated 20.11.2023, with reference No. FC-Memo/2023, passed by respondent no.5, by transfer the investigation to District- Palwal, Police Station- Hodal, State of Haryana.
II. Issue writ order direction in the nature of mandamus, directing the respondent no.1, for investigation by the the Central Bureau of Investigation, or any other Central Agency, the First Information Report dated 05.08.2023, lodged at Police Station, Palghar, Biosar Road Kolgaon, Maharashtra, transferred by the Senior Superintendent of Police Palghar, State of Maharashtra with reference no. O.W.NO. R/405/ FIR Transfer/1758/2023 and Director General of Police Maharashtra with reference No. DGP/24/34/FIR Transfer/240/2023, to the respondent no.2 and 5.
III. Issue writ order direction in the nature of mandamus, directing the respondent no. 2, to conduct the investigation, by the making Special Investigation Team, (S.I.T.) of the First Information Report dated 05.08.2023, lodged at Police Station, Palghar, Biosar Road Kolgaon, Maharashtra, transferred by the Senior Superintendent of Police Palghar, State of Maharashtra with reference no. O.W.NO. R/405/ FIR Transfer/1758/2023 and Director General of Police Maharashtra with reference No. DGP/24/34/FIR Transfer / 240/2023, to the respondent no. 2 and5."
4. Initially, first information report dated 5.8.2023 was lodged at Police Station Palghar, Biosar Road Golgaon, Maharashtra, which was transferred by the Senior Superintendent of Police, Palghar, State of Maharashtra with reference No. O.W.No. R/405/FIR Transfer/1758/2023 through Director General of Police, Maharashtra to the respondent no. 5. After transfer of the investigation to District Mathura by the abovenoted order a writ petition being Criminal Misc. Writ Petition No. 18008 of 2023 (Dineshkumar Laxmi Yadav vs. State of U.P. and others) was filed by the petitioner, which was dismissed by co-ordinate Bench of this Court as having become infructuous vide order dated 4.10.2023, which is quoted as under:-
"1. Heard learned counsel for the petitioner and learned AGA for the State.
2. The writ petition has been filed seeking the following reliefs:-
"1. Issue writ order direction in the nature of mandamus, directing the respondent no.3 4 and 5, to conduct the investigation of the First Information Report dated 05.08.2023, lodged at Police Station, Palghar, Biosar Road, Kolagaon, Maharashtra, as transferred by the Superintendent of Police, Palghar, State of Maharashtra with reference No. O.W.No. R/405/FIR Transfer/1758/2023 and Director General of Police Maharashtra with reference No. DGP/24/34/FIR Transfer/240/2023, to the respondent No. 1 and 4.
II. Issue writ order direction in the nature of mandamus, directing the respondent no.3, 4 and 5, to expedite the investigation of the First Information Report dated 05.08.2023, lodged at Police Station, Palghar, Biosar Road Kolagaon, Maharashtra, transferred by the Superintendent of Police Palghar, State of Maharashtra with reference no. O.W.NO. R/405/FIR Transfer/1758/2023 and Director General of Police Maharashtra with reference No. DGP/24/34/FIR Transfer/240/2023, to the respondent no.1 and 4."
3. Learned AGA has filed a counter-affidavit which is taken on record. It has been submitted that the first information report lodged at Police Station Palghar, Biosar Road Kolagaon, Maharashtra, was transferred to the Superintendent of Police, Mathura. On receipt of the first information report at Mathura, it is contended that an order has been passed remitting the documents to the District- Hodal, Harayana.
4. Under the circumstances and since the investigation is to be conducted in the State of Harayana both the reliefs prayed for in this writ petition have been rendered infructuous.
5. The writ petition is, therefore, dismissed as infructuous."
5. Now, present petition has been filed challenging the transfer order dated 20.11.2023, whereby the respondent no. 5-Senior Superintendent of Police, Mathura has directed to transfer the investigation to Police Station Hodal, District Palwal, Haryana in view of the electronic evidence in the shape of CCTV footage showing that the incident of abduction had taken place in the State of Haryana. Further prayer has been made that C.B.I. or any other central agency or Special Investigation Team (S.I.T.) be directed to conduct the investigation.
6. Submission of learned counsel for the petitioner is that initially the first information report lodged at Police Station Palghar, Biosar Road Kolgaon in the State of Maharashtra was numbered, however, subsequently zero number was given and the investigation was transferred from State of Maharashtra to District Mathura and it is thereafter when the petition was filed for expeditious disposal, the same was transferred by the Senior Superintendent of Police, Mathura to Police Station Hodal, District Palwal, Haryana by remitting the documents, and the earlier petition was dismissed as having become infructuous.
7. Now, this order is under challenge on the ground that abduction had taken place at Kosi Kalan falling within the district of Mathura and extortion money was transferred in Mathura, therefore, in any case, the part cause of action had taken place in district Mathura and the matter may be investigated by the investigating agency at district Mathura only by doing the needful. He also submits that infact the first information was given a number and in all circumstances the transfer of the investigation to district Palval, Haryana is not justified.
8. Per contra, Sri Gyan Prakash, learned Senior Counsel assisted by Sri Sanjay Kumar Yadav, learned counsel appearing for the C.B.I. has filed counter affidavit and submits that at this stage C.B.I. is no concerned with the matter.
9. On perusal of the entire record we find that it is only a question of jurisdiction that is being raised by the petitioner, therefore, this ground itself would not be sufficient to direct the investigation by C.B.I. or by any other central agency or by Special Investigation Team (S.I.T.) as the investigation is still pending and is being transferred only on the ground of jurisdiction.
10. In such view of the matter, we do not find any substance in prayer nos. 2 and 3 seeking direction to C.B.I. or any other central agency or Special Investigation Team (S.I.T.) to investigate the matter, therefore, prayers aforesaid are rejected.
11. Insofar as the prayer no. 1 regarding quashing of the order dated 20.11.2023 remitting the matter to the investigating agency at district Palval, Haryana is concerned, it would be appropriate to refer paragraph 13 of the counter affidavit filed by the State of U.P., which is quoted as under:-
"13. That with regard to the contents of paragraph nos. 22 and 23 of the writ petition it is submitted that the Senior Superintendent of Police, Palghar, Maharastra has sent a letter dated 21.08.2023, in which it is stated that the residence of accused seems to be within the vicinity Police Station Kosi Kalan, district Mathura due to which reason, the concerned Police Station was directed for investigation. It is further submitted that as per the report dated 13.11.2023 of Incharge Inspector, Police Station Kosi Kalan, Mathura, the petitioner was called by unknown persons in Qasba Hodal, District Palwal (Haryana). On calling of unknown persons the petitioner reached at Hotel King Inn on 19.07.2023 at 11.00 hours and stay in Room No.203. It is further came to know that as per the CCTV Footage, the accused persons taken away to the petitioner by beating and taken money, thereafter left to the petitioner on the Border of State of Rajasthan. It is further submitted that in these circumstances of the case the investigation of the said incident must be conducted by police of Police Station Hodal, District Palwal (Haryana)."
(emphasis supplied)
12. The said fact is being disputed by the petitioner and submits that the entire facts are incorrect and are denied and correct story is mentioned in the first information report dated 5.8.2023. The reply of paragraph 13 of the counter affidavit is given in paragraph 12 of the rejoinder affidavit, which is also quoted as under:-
"12. That the averments made in Para 13 of the counter affidavit are matter of record to the extent order/letter dated 21.08.2023, has sent by the Senior Superintendent of Police District- Palghar Maharashtra, has sent, by which the entire case was transferred with the approval of Director General of Police Maharashtra for investigation and rest of the averments made in aforesaid paragraph are wholly false, incorrect hence denied, It is submitted here that the correct story of the incident is mentioned in the first information report on 05.08.2023. It is further submitted here that the law of land, laid down in the case of Lt. Col. Khajoor Singh Vs. Union of India and others, by the Apex court and full bench decision of this Hon'ble Court in the case of Rajendra Kumar Mishra Vs. Union of India and others are applicable in the case of petitioner. The respondent no.5, was passed order dated 20.11.2023, by which transferred the case to the District- Palwal, Haryana for investigation in wholly, illegal arbitrary manner."
(emphasis supplied)
13. Learned counsel for the petitioner at this stage has placed reliance on a judgment of Full Bench of this Court in the case of Rajendra Kumar Mishra vs. Union of India 2004 (0) Supreme (All) 1841 and on the strength of the aforesaid judgment it is submitted that part cause of action has arisen in district Mathura as the abduction had taken place within the district of Mathura and other facts demanding money as narrated in the first information report are also in district Mathura.
14. We find that the specific case of the investigating agency at Mathura is that the abduction had taken place in district Palwal in the State of Haryana and the same has been recorded in CCTV footage, therefore, oral assertion that is being made at this stage by the petitioner that infact abduction had taken place in district Mathura cannot believed. All such facts are matter of investigation and even as per the judgment of Full Bench in the case of Rajendra Prasad Mishra the cause of action is a bundle of facts, which is still under investigation and prima facie evidence collected by the investigating agency Mathura is to the effect that the offence had taken place at district Palwal in the State of Haryana.
15. In the facts and circumstances of the case, we are not inclined to exercise our jurisdiction under Article 226 of the Constitution of India. The petition is accordingly dismissed.
16. However, it is made clear that the dismissal of the petition would not affect the merits of the investigation in any manner whatsoever.
Order Date :- 3.7.2024
Lalit Shukla
