JUDGMENT
S.C. Jain, J.
1. The facts giving rise to this writ petition are that on the basis of first information report lodged against the petitioners a case was registered being case crime No. 190 of 1994 under Sections 147, 148, 149, 307 and 302, I.P.C. at Police Station Fatehpur Sikri Sub-District Kirawali District Agra. In the said first information report all the four petitioners, namely, Chandraveer, Raghunath, Gupal and Ramesh, were named as asssailants who were armed with deadly weapons and caused death of Harveer and also caused injuries to other persons. The investigation of the case was taken by local police but later on the investigation was transferred to CBCID on 4-8-1994 by order of the Government. The investigation of the case continued with the CBCID till 9-9-1994 and on that date the State Government cancelled its earlier order dated 4-8-1994 and again transferred the investigation to the local police.
2. In this writ petition the order dated 9-9-1994 re-transferring the investigation from CBCID to the local police has been challenged and a relief of quashing that order has been sought.
3. Our attention has been drawn towards various documents by learned counsel of both the parties in support of their respective contentions.
4. According to the learned counsel for the petitioners this order passed by the State Government on 9-9-1994 re-transferring the investigation from CBCID to the local police is without justification and also without any cogent reason. There were no grounds of mala fides on the part of CBCID compelling the State Government for withdrawing the investigation from CBCID and entrusting it again to the local police.
5. On the other hand the learned counsel for the respondents pointed out that it is the discretion of the State Government to entrust investigation to any agency under it and that the petitioners have got no legal right to challenge the impugned order dated 9-9-1994 retransferring the investigation from CBCID to the local police. According to him the CBCID is over-worked and more than 3000 cases are pending with the CBCID and it is on account of that reason that, though the accused persons have been named in the first information report as assailants, they have not yet been arrested during investigation by the CBCID.
6. As far as the legal proposition is concerned, there is no dispute that initially investigation of a case registered at a particular police station is to be done by the Investigating Officer of that very police station, i.e. by the local police of the area. It is in certain circumstances when some allegations are made against the local police investigating the case the, competent authority of the State may withdraw that investigation from the local police and entrust the same to any other prosecuting agency, i.e. CBCID. In the present case, initially the investigation was done by the local police as usual but on the basis of some allegations against the local police, the investigation was withdrawn from the local police and was entrusted to CBCID on 4-8-1994. Hardly one month had passed, the State Government ordered the retransfer of the investigation from CBCID to the local police by its order dated 9-9-1994. No sufficient reason or justification has been given as to why this order dated 4-8-1994 is cancelled. Admittedly, when local police was investigating the case arrest of these accused persons was not made as they were avoiding arrest. The plea of the learned counsel for the respondent that arrest of the accused persons would not be made if CBCID would continue to make investigation does not seem to be justified and it can not make out a ground for withdrawing the investigation from CBCID. It is only an assumption. The State Government should not pass orders for withdrawing the investigation from one agency and re-transferring it to the same agency without any valid reason and such order of the State Government cannot be said to be justified. There were no allegations of mala fides before the State Government while passing order dated 9-9-1994 withdrawing the investigation from CBCID and transferring it again to the local police. We cannot allow the State Government to blow hot and cold in the same breath. The ink by which the earlier order dated 4-8-1994 withdrawing the investigation of the case from the local police and entrusting it to CBCID had not yet tried when the impugned order dated 9-9-1994 was passed by the State Government cancelling its earlier order and retransferring the investigation of the case to local police from CBCID. This order cannot be said to be justified and we cannot allow such type of order to remain in force.
7. No doubt, State Government has power to withdraw the investigation in the interest of justice and fair play from one agency to another equally competent to investigate but giving unbridled power to the State Government in this regard is dangerous. This power should be exercised with due care and caution, keeping in view justice and fair play.
8. Under these circumstances, we allow the writ petition and quash the impugned order dated 9-9-1994, Annexure No. 3 to the writ petition, and direct the CBCID to continue with the investigation of the case crime No. 190 of 1994 under Sections 147, 148, 149, 307 and 302, I.P.C. registered at police station Fatehpur Sikri Sub-District Kirawali district Agra and complete the investigation within a period of four months from the date when the certified copy of this order is produced before that agency and submit its report before the Court concerned immediately thereafter. Needless to say that CBCID shall investigate the case in its right earnest and the culprits are brought to book in accordance with law.
9. The interim order dated 5-10-1994 passed by this Court is hereby made final.
10. The second relief sought by the petitioners for restraining the respondents from arresting the petitioners in pursuance of the case crime No. 190 of 1994, mentioned above, is hereby declined as it has not been pressed.
11. The writ petition is, therefore, allowed in part as ordered above.