In Mohalla Chah Sheri, Bijnor, there are two political groups, one group headed by Javed Aftab and the other headed by Abdul Malik Beg alias Hithaura Pahalwan.It is alleged that initially there was no difference between the two groups as all of them were working in the political and social fields of the city.The petitioner opposed the candidature of Javed Aftab and supported the rival candidate Chaudhary Nepal Singh Arya.Javed Aftab was successful in the election and after becoming the Chairman of Nagar Palika, Bijnor he started nursing ill will towards the petitioner.On 26-5-1989 one Margoob alias Kale, son of Mahfooz, was murdered within the local limits of Police Station Kotwali, Margoob was an appointee of Javed Aftab in the Nagar Palika.ORDER B.P. Singh, J.Sri Zulfiqar Beg has moved this petition Under Section 482, Cr.P.C. for quashing the order dated 16th January, 1991 passed by the C.J.M. and the order dated 23-1-1991 passed by the Sessions Judge, Bijnor in Criminal Revision -- Zulfiqar Beg v. State.The facts giving rise to this petition are as follows :Subsequently a dispute arose and the two groups became antagonistic to each other over some election.In October, 1988 elections for the post of Chairman, Municipal Board, Bijnor were held in which Javed Aftab was a candidate against others including one Chaudhary Nepal Singh Arya.Although Margoob was murdered by some unknown person, an FIR was lodged by his father, Mahfooz, and the petitioner was implicated as one of the accused.The petitioner belongs to Janta Dal while Javed Aftab is of the Congress-I party.having come to know about his involvement in the said FIR, the petitioner moved an application to the Chief Minister, Uttar Pradesh, Lucknow on 3-6-1989 requesting that the investigation of the case may be transferred to C.B.C.I.D. The petitioner's request was accepted and the investigation of case crime No. 327 of 1989 Under Section 302, I.P.C. P. S. Kotwali was ordered to be handed over to C.B.C.I.D. Thereafter Javed Aftab got an application moved in the name of Mahfooz that the case in question may be investigated by the local police and not by the C.B.C.I.D. On this application the State Government passed an order on 6-7-1989 directing that the case was to be investigated by the local police of Bijnor and not by C.B.C.I.D.Again the petitioner moved an application before the State Government praying that the investigation of the case in question may be handed over to C.B.C.I.D. On this application the Secretary of the Home Department of the Uttar Pradesh Government sought reports from the District Magistrate and S. P. Bijnor.The Home secretary of the Govt. on receipt of the report from the district authorities, directed the District Magistrate and the S. P. Bijnor vide order dated 26-8-1989 that the investigation of the case be handed over to C.B.C.I.D.In pursuance of the order dated 26-8-1989 one inspector of the C.B.C.I.D. i.e. Sri V. M. Sharma applied in the court of C.J.M. Bijnor for the papers of the case.It was also directed by the learned C.J.M. that Inspector V. M. Sharma shall complete investigation within two months and will submit his report.Inspector V. M. Sharma started investigation and recorded statements of the petitioner as well as a few other persons.It appears that having come to know that C.B.C.I.D. was investigating the case, Sri Javed Aftab again approached the State Government and got an order passed by the Joint Secretary, Ministry of Home, U.P. Lucknow, directing the Inspector General of Police that the investigation of case Crime No. 327 of 1989 may now be taken back from the C.B.C.I.D. and may be given to the Civil Police, Bijnor.This order passed by the Joint Secretary, Ministry of U.P. Lucknow, was communicated to the Inspector C.B.C.I.D. who, thereafter, submitted the papers and the orders of State Government without completing the investigation to the Chief Judicial Magistrate, Bijnor.At this stage the Chief Judicial Magistrate, Bijnor issued a non-bailable warrant against the petitioner and summoned the remaining two accused vide his order dated 28-10-1989, finally Sri Javed Aftab had succeeded in starting proceedings in the court of Chief Judicial Magistrate, Bijnor, on the basis of the charge-sheet which was submitted by the Inspector, Civil Police.It was highly irregular on the part of the Joint Secretary, Ministry of Home, U.P. Lucknow, to take back the investigation of the case from C.B.C.I.D.As no other alternative was available to the petitioner, he moved this Court through a petition Under Section 482, Cr.The operative portion of the order in Crl.Petition No. 9524 of 1989 runs as follows :However, since after a case is instituted before a competent court, it cannot be withdrawn under any circumstance, save on an application by the Public prosecutor when the court alone can permit withdrawal of the case, the procedure hereafter to be adopted in the case shall be decided by the C.J.M. Bijnor before whom the case is pending.Since the petition is finally disposed of, the interim order is automatically vacated."A certified copy of the above order was produced by the petitioner before C.J.M. Bijnor on 14-8-1990 and 14-11-1990 was fixed in the case.It was on 20-12-1990 that Inspector C.B.C.I.D. Sri V. M. Sharma again applied to the C.J.M. Bijnor for taking back the relevant papers and also prayed for staying further proceedings in the case.On the same day, learned C.J.M. directed that the case diary excluding the charge-sheet be handed over to the Inspector C.B.C.I.D. No Orders were passed by the C.J.M. on the request of Inspector C.B. C.I.D. regarding stay of further proceedings in the case.On 16-1-1991, the complainant moved an application before the C.J.M. Bijnor for issuing non-bailable warrant against Zulfaiqar Beg alias Baby and on the same day learned Magistrate passed the following order :Stay has been vacated.Issue non-bailable warrant against the accused fixing 24-1-1991 for appearance.The petitioner has thus come to this Court with the present petition with the prayer that the impugned order dated 16-1-1991 passed by the C.J.M. Bijnor and the order dated 23-1-1991 passed by the Sessions Judge, Bijnor may be quashed and further proceedings in Criminal Case No. 1717 of 1989 State v. Zulfiqar Beg alias Baby pending in the court of C.J.M. Bijnor may be stayed.I have heard the learned counsel for the parties at some length.

Sections cited: Section 482 in The Indian Penal Code