The Allahabad High Court has directed the CBCID to investigate the murder of contractor Nitesh Singh Bablu, a resident of Sarnath, by indiscriminate firing in broad daylight in Sadar tehsil, Varanasi.
The Division Bench of Justice Suneet Kumar and Justice Surendra Singh-I passed this order while hearing a petition filed by Aklesh Kumar Singh.
In pursuant to the order dated 05.12.2022, the Investigating Officer is present before the Court.
It is submitted that the incident is of broad daylight having occurred in the compound of Sub-Divisional Magistrate, Sadar Tehsil, District Varanasi.
The Court noted that,
As per the investigation, one accused namely Girdhari was identified and it was submitted by the AGA that subsequently accused Girdhari was eliminated in an encounter.
A final report came to be filed keeping the investigation open on the ground that the other co-accused was not identifiable and neither any information about him was received by the Investigating Officer.
It is further submitted that the petitioner has not approached the concerned Magistrate.
Counsel for the petitioner submitted that having regard to the averments made in the writ petition which has not been rebutted by the State respondents, the investigation is not fair.
Counsel for the petitioner said that it seems that extremely powerful and influential people are involved and are tampering the investigation. In fact the police officials are under their influence and are not able to conduct an impartial investigation and solve the case.
The petitioner speculates that the people who are involved are connected with the ruling party; and apart from exercising political clout they also wield monetary power.
The above statement is on the basis of the newspaper reports, where the journalists through their anonymous police sources have disclosed the fact that powerful people from Chandauli, Varanasi and Jaunpur are involved.
AGA has no objection that the investigation may be carried out by any other agency including the CBI.
“Be that as it may, having regard to the averments made in the writ petition, further that the incident has taken place in the compound of the Sub-Divisional Magistrate, in the interest of free, fair and unbiased investigation, we are of the opinion that a further investigation be carried out in the matter by the CBCID”, the Court observed while disposing the petition.
Accordingly, the Court directed the State Government (first respondent) to refer the Case under Section 302 IPC, Police Station Shivpur, District Varanasi for further investigation by CBCID.
“The Investigating Officer so appointed shall inform the concerned Magistrate about this order and proceed in accordance with law.
The appearance of Prem Prakash Singh, Inspector, s/o Maheshwari Prasad Singh, posted at office of Police Commissioner, Varanasi, is discharged”, the Court ordered.