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The Allahabad High Court has directed Mirzapur Superintendent of Police and the Inspector (Kotwali) to file affidavits on the progress made in the investigation pertaining to alleged assault on Regional Transport Officer (Mirzapur), Chunni Lal at the residence of state minister for child nutrition, Kailash Chaurasia, by two of his associates on June 12. The court has fixed August 27 as the next date of hearing in the matter.
A Division Bench of Justices Amreshwar Pratap Sahi and Pramod Kumar Srivastava passed the order on Tuesday, while hearing a petition filed by Lal, through his counsel Rakesh Chandra Upadhyay, who sought to transfer the case to CB-CID or any other independent agency.
“Our prayer before the court is that since the investigation has not moved forward under pressure from the minister concerned, it may be transferred to either CB-CID or any other independent agency. Our contention is that, despite the court of Chief Judicial Magistrate ordering registration of FIR, no further action has been taken by the local police,” said Upadhyay.
After hearing the plea, the court said: “The background in which this present writ petition has been filed by the RTO, we find it necessary to call upon respondents, particularly numbers 3 (SP, Mirzapur) and 4 (Inspector, Kotwali) to inform the Court as to what progress has been made in the investigation and, if no progress has been made, then why this Court may not issue appropriate directions for transfer of the investigation in the terms as prayed for. The opposite parties 3 and 4 are, therefore, directed to file their affidavit by the date fixed.”
The court also directed the officials concerned to make available the case diary to the government advocate in relation to the investigation already conducted.
It was alleged that Lal was manhandled by two of the associates of Chaurasia, the SP MLA from Mirzapur, at his residence when he refused to allow a clear in his office, who had earlier been transferred at the minister’s behest, to take charge. The minister allegedly demanded money from the officer, which the latter refused.
When the police did not lodge an FIR in the incident, Lal approached the court of CJM, which ordered registration of the FIR against the minister and his two associates on July 2.
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