Wednesday, June 7, 2023

Allahabad High Court disposes petition seeking CBI inquiry in murder case involving UP cabinet minister Swatantra Dev Singh

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The Allahabad High Court has disposed of the petition seeking CBI inquiry of the murder case against four including UP cabinet minister Swatantra Dev Singh and directed the Uttar Pradesh Police to conduct a fair, transparent investigation within three months.

The Division Bench of Justice Vivek Kumar Birla and Justice Surendra Singh-I passed this order while hearing a petition filed by Satendra Singh.

The Court found that the prayer no 1 was amended pursuant to the order of the Court dated 7.2.2023 in view of the fact that a first information report dated 3.11.2022 has been lodged by Priyanshu registered as Case under Sections 279, 338, 304-A IPC, Police Station Usarahar, District Etawah, therefore, prayer no 1 seeking direction to the concerned State police to register a first information report of murder of Shiva Kant Singh had become infructuous. The amendment as permitted was carried out and now following reliefs are being sought:-

“(1) To issue a writ order or direction in the nature of writ of Mandamus directing and commanding to the respondent state police authorities to hand over the entire records of F.I.R dated 03-11-2022 lodged by Priyanshu at crime No- 0246 of 2022 under Section 279, 338, 304 A of IPC police station Usarahar district Etawah to the concerned CBI for fair investigation of the case in the interest of justice.

(2) to issue a writ order or direction in the nature of writ of Mandamus directing and commanding to the CBI to make inquiry and investigation of murder case of only son of petitioner namely Shiva Kant Singh in accordance with law and to submit investigation report to secure the ends of justice and to allow the writ petition with costs.

(3) to issue a writ, order or direction in the nature of writ of Ad interim Mandamus commanding to the respondent authorities to ensure full safety and protection to the life and property of petitioner and his family men in the interest of justice.”

Submission of the counsel for the petitioner is that it is a case of murder of son of the petitioner, namely, Shiva Kant Singh, which is being given colour of an accidental death and even first information report being Case dated 28.9.2022 was lodged by one Veer Pal Singh Chauhan against the brother of the petitioner herein. Subsequently, the first information report in question for which transfer to CBI is being sought was registered as Case Crime No 0246 of 2022.

In crux the petitioner is seeking transfer of investigation from civil police to CBI on the ground that it is for the political reasons the first information report of the petitioner is not being registered and the investigation is being influenced under political pressure of a Minister and the murder of son of the petitioner is being given colour of an accidental death, therefore, the petitioner has no hope of justice in the hands of the civil police.

Per contra, counsel appearing for the Union of India and CBI submits that the matter is in the hands of the civil police, therefore, they have no concern with the case.

G.P Singh, A.G.A submitted that the petition is patently misconceived as the first information report has already been lodged on an application under Section 156(3) Cr.P.C moved by Priyanshu @ Prince, who was also travelling with the deceased, wherein he had stated that serious injuries were suffered by Shiva Kant Singh and he had also suffered serious injuries and was under treatment.

It is further submitted that the investigation is going on and insofar as brother of the petitioner is concerned, two first information reports were lodged in which he has been charge-sheeted.

Submission, therefore, is that the petition is misconceived as the matter is already under investigation by civil police and there is nothing on record to indicate that the investigation is being carried out under influence for any political reasons.

In the background of the case, the Court did not find any good ground to consider the prayer made in the petition, at this stage.

However, the petitioner is at liberty to undertake any proceedings as he may be advised for the purpose of registering his case, that his son has been murdered and it is not a case of an accidental death under the provisions of the Code of Criminal Procedure, the Court said.

“The petition is disposed of directing the police authorities to conclude the investigation of the said case fairly, impartially and expeditiously, preferably within three months from the date of production of a certified copy of the order before them.

It is made clear that the Court has not expressed any opinion on the merits of the case and the competent authority to act in accordance with law”, the order reads.

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