One of the voice out of these miscreants was that of Rahul.Thereafter 15-20 gun shots were fired causing damage to window panes and office furniture when staff working at toll plaza saved themselves by hiding here and there.Guards performing duty at toll plaza had also fired gun shots in their self defence.It is also alleged that a SUV, which was standing at the toll plaza, was also damaged.Otherwise the CBI would be flooded with a large number of cases and with limited resources, may find it difficult to properly investigate even serious cases and in the process lose its credibility and purpose with unsatisfactory investigations......"No.1, 2, 3 and 6/State.Shri Vivek Khedkar, learned Assistant Solicitor General for respondent No.7/CBI.This Public Interest Litigation has been filed by the petitioner, who is a practicing lawyer, claiming handing over of investigation to Central Bureau of Investigation (CBI) in regard to Crime No.109/2019 registered at Police Station Civil Lines, Morena for its independent and effective investigation.Brief facts leading to present petition are that on 24.02.2019 a report was lodged by one S.S. Sikarwar working as Senior Toll Plaza Manager at Chhoda Toll Plaza, to the effect that at 10.33 pm on 23.02.2019 he had received a call on his mobile phone from one Rahul Kansana S/o respondent No.5- Endal Singh Kansana, a former Minster and a sitting MLA and such call was attended by his Deputy Toll Manager, Hotam Singh, as complainant S.S. Sikarwar had left his mobile and had gone to attend call of nature 2 W.P. No.4473/2019(PIL) when Rahul Kansana abused Deputy Toll Manager Hotam Singh and threatened that he will see to it that toll plaza becomes in- operational.At about 00.50 am 15-20 persons armed with weapons came to toll plaza and shouted on the employees of toll plaza threatening them to kill.It is further mentioned that though miscreants had come in 4-5 vehicles but registration numbers of two Scorpio vehicles have been mentioned in the FIR registering Crime No.109/2019 with further request that such incident has been recorded in the CCTV cameras available at toll plaza and this incident was given effect to by Rahul Kansana so to permit free passage of his vehicles without payment of toll tax.It is submitted that when aforesaid report was lodged at Police Station, then there was lot of pressure on the Superintendent of Police, namely; respondent No.4- Shri Riyaz Iqbal, who was transferred to Morena only on 11 th January, 2019 vide Annexure P/4 but soon after the incident he was transferred from Morena to Bhopal vide order dated 26 th February, 2019 (Annexure P/5), which 3 W.P. No.4473/2019(PIL) is indicative of extraordinary clout wielded by respondent No.5- Endal Singh Kansana on the authorities of the State and therefore, petitioner is not hopeful of any independent investigation in the matter and therefore, has prayed for transferring the case to Central Bureau of Investigation (CBI).In that case facts were that one member of 7 W.P. No.4473/2019(PIL) Parliament had written a letter to the Chief Minister and on said letter, Chief Minister had directed that investigation be conducted by Criminal Investigation Department (CID).Allegation was levelled by the Counsel for the petitioner that parallel inquiry or re- investigation by Criminal Investigation Department (CID) is demoralizing the police force and the alleged accused have been released without any trial.

Cited provisions: Section 307 in The Indian Penal Code; Section 427 in The Indian Penal Code; Section 506 in The Indian Penal Code; Section 148 in The Indian Penal Code; Section 120B in The Indian Penal Code; Section 149 in The Indian Penal Code; Section 34 in The Indian Penal Code; Section 147 in The Indian Penal Code