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Relief for Raja Bhaiyya in murder case, Allahabad High Court quashes probe order

The CBI filed a final report in 2014, citing the reason that substantial evidence was not found against the MLA in the murder.

Raja Bhaiyya

The Allahabad High Court has quashed an order by a special CBI court in which it had ordered further investigation into the role of local MLA Raghuraj Pratap Singh alias Raja Bhaiyya in the murder of police officer Ziaul Haque in Pratapgarh district nine years ago. The CBI filed a final report in 2014, citing the reason that substantial evidence was not found against the MLA in the murder. But the special court rejected the final report and ordered further investigation.

The case dates back to March 2, 2013, when the then Kunda Circle Officer and Deputy Superintendent of Police (DySP) Ziaul Haque, village pradhan Nanhey Lal Yadav and his brother Suresh were shot dead at Balipur village. Raja Bhaiyya, the then local MLA from Kunda, was one of the accused named in the murder case.

The CBI, which took over the probe, filed a chargesheet against five accused in the case of the Circle Officer’s murder. The Special Judicial Magistrate of a CBI court in Lucknow, however, rejected the CBI’s final report and directed the central agency to further investigate the case. The CBI moved the High Court against the special court’s order.

In its order passed on November 25, the High Court said: “In view thereof, present petition is allowed. The impugned order dated 08.07.2014 (supra) is hereby quashed… It is evident that order impugned amounts to order for re-investigation of the offence, not further investigation of the offence.”

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“Looking at the fact that the local MLA (Raja Bhaiyya) was subjected to a polygraph test who voluntarily underwent such test, and both the allegations were thoroughly investigated and no substance was found, this court finds that impugned order is unsustainable in law as it is not based on facts and law but it is based on assumptions of the learned magistrate,” Justice Dinesh Kumar Singh said in his order.

As per the High Court’s order, allegations made by Haque’s wife Praveen Azad during the investigation could not be substantiated and she “could not provide any evidence”. “Praveen Azad was not an eyewitness, but her allegations were based on hearsay and unfounded media reports… Azad had the apprehension that the local MLA was involved in the murder of her husband because of the issue of some illegal sand mining… The involvement of the local MLA in illegal sand mining at Gotani Ghat was not established in any manner and there was no political pressure of the local MLA as alleged,” the High Court said.

Advocate Khaleeq Ahmad Khan, appearing for Azad, argued that the role of Raja Bhaiyya was not properly investigated by the CBI.

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The High Court said: “The CBI conducted a thorough investigation and concluded that allegation in this respect by the wife of the late DySP was totally unfounded and baseless.”

First published on: 02-12-2022 at 03:24 IST
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