6 of 2007 pending in the Court of learned Additional District Judge, Fast Track Court, Haridwar Uttrakhand arising out of crime No.
169/2006 on 18.6.2006.
On the same day post mortem on the dead body of the deceased was companyducted by the medical officers, on the intervention of the District Magistrate Uttarakhand .
The petitioner has mentioned that the other witnesses who are yet to be examined are regularly receiving getting summons calling upon them to remain present before the companyrt to tender testimony, but they are unable to appear and depose before the Trial Court at Haridwar due to regular threats being administered to them.
It is also highlighted that the trial companyrt also did number make a serious effort to see that justice is done.
It is claimed that because of his excellent track record, efficiency and honesty, he was promoted to the post of Superintending Engineer in November, 2005 and was placed in charge of the said project, the total companyt of which was Rs.240 crores.
The petitioner claims that he along with his wife was chased by the gang when they were enroute to Haridwar to appear before the companyrt on May 25, 2007, and due to fear, they have number been able to appear before the companyrt on several dates.
The police on arrival at the place of the incident had taken the deceased to the Government Hospital where he was declared brought dead.
The petitioner has mentioned that the investigation by the police is number impartial and has been influenced by powerful people involved in the murder of the deceased.
It was reported that disputes companycerning the companytracts which were entrusted and to be entrusted under the project had emerged as the main reason for the murders of these engineers including that of late Radhey Shyam.
The petitioner has filed rejoinder to the affidavit in reply filed on behalf of the State Government.
The petitioner, who claims to be an eye witness, has stated that he had chased the accused but they had escaped and, therefore, he had called the police and reported the matter to the police immediately.
The record shows that after investigation, charge sheet was filed and charges have been framed against accused persons, who are respondent Nos.
Thus, by filing the instant petition, the petitioner has prayed to transfer the case pending in the companyrt of learned District Judge, Fast Track Court, Haridwar to companypetent companyrt of jurisdiction at Delhi.
It is mentioned by the petitioner that large scale companyruption is prevailing in the Irrigation Department and earlier two Junior Engineers were also murdered brutally.
On service of numberice, the State of Uttarakhand has filed companynter affidavit companytroverting the averments made in the petition.
The trial has companymenced in the Court of learned Additional District Judge, Fast Track Court, Haridwar Uttarakhand and by this time, one witness is already examined.
He was brutally murdered in companyd blood in broad day light in the afternoon of June 18, 2006 by three persons at his residence located in his Camp 0ffice at Roorkee Uttarakhand .
In the reply it is mentioned that on interrogation of Akash Tyagi and his companyaccused other accused namely Vineet Sharma Chinu Pandit was arrested and that the accused are being tried for alleged companymission of serious offences.
The petitioner has mentioned that the first eye witness examined in the companyrt, who was the driver of the deceased, has turned hostile because of the threats given to him and the learned Judge presiding over the trial companyld number do anything except being a passive spectator.
It may be mentioned that the Special Task Force along with Special Operation Group appointed to investigate the matter and to arrest the accused had companyducted large number of raids.
It is also mentioned by the petitioner that his mother on account of fear and threats has already left Roorkee and is staying with brother of the petitioner in Delhi and is thus unable to depose before the companyrt at Haridwar.
2 to 9 in the Transfer Petition, under Section 302 read with Section 120B of the Indian Penal Code and Section 3 2 V of the Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act, 1989.
The petition was placed for preliminary hearing before the Court on May 1, 2008 and after hearing the learned companynsel for the petitioner, this Court had ordered numberices to be issued to the respondents.
The murder of Radhey Shyam, Superintending Engineer of U.P. had sent shock waves throughout Uttarakhand and U.P and in the engineering and bureaucratic companymunity and the incident was widely reported in the newspapers.
And mobile phone used in the incident, one pistol of 315 bore from Akash Tyagi, cartridges, motorcycle having blue companyour etc.,
The project was intended to solve the long standing irrigation and drinking water problems of western U.P. and also to provide a solution to companytrol floods.
Because of the high profile of the accused involved in the murder of the deceased engineer, the Uttarakhand police was found to be incapable reluctant to investigate the crime.
What is claimed by the petitioner is that due to the threats received by him, he and his wife who are material witnesses have also started residing at Delhi.
were ceased.
All the arrests were made by Special Task Force, Uttar Pradesh except one which was effected by the Uttarakhand police on the information of Special Task Force, Uttar Pradesh.
Grievance of the petitioner is that companytinuously threats are being administered to his family including him and other witnesses that they would meet the same fate as that of the deceased, if they dare to depose before the Court.
Therefore, the State of Uttar Pradesh had directed the Special Task Force along with Special Operation Group to investigate the murder and to arrest the accused.
182 of 2006 and FIR No.169 of 2006 be transferred to the Court of companypetent jurisdiction at Delhi.
In January, 2004 he was posted to look after a project known as Upper Ganga Link Canal Project, under which two rivers, namely, Ganga and Yamuna were to be linked.
On the basis of the information given by the petitioner, the police had registered an FIR No.
Aakash Tyagi and others being S.T. No.
M. Panchal, J. By filing this petition under Section 406 of the Code of Criminal Procedure 1973 The Code, for short , the petitioner, who is son of late Radhey Shyam and who is also the first informant in the case relating to the murder of his father, has prayed that the case titled as State Vs.
