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Synopsis

The Supreme Court has directed Central Bureau of Investigation to resume "further investigation" into the role of Uttar Pradesh's former Minister and sitting MLA Raghuraj Pratap Singh alias Raja Bhaiya into the 2013 sensational killing of Deputy Superintendent of Police, Zia-Ul-Haq in Pratapgarh district.

A bench of Justices Aniruddha Bose and Bela M Trivedi has set aside the Allahabad High Court's order of November 25, 2022, which had quashed the special magistrate's direction for further probe by the CBI into the matter.

Acting upon a special leave petition filed by Parveen Azad, widow of the deceased, the bench said, "In our view, the High Court took a hyper technical approach in the matter, making superfine distinction between re-investigation and further investigation. There does not appear to be any error on the part of Special Magistrate in directing further investigation."

"Let further investigation as directed Special Magistrate be completed within a period of three months," the bench said, allowing the appeal filed by Azad.

Court has thereby confirmed the Special Magistrate's order of July 8, 2014, directing further investigation into the matter.

"We have gone through the order of the Special Magistrate and find that she had followed the proper course," the bench said.

The High Court, in its order, had concluded that the magistrate's order amounted to "re-investigation of the offence, not further investigation".  It had also noted the local MLA (Raja Bhaiya) was subjected to polygraph test who voluntarily underwent such test, and no substance was found by the CBI in the allegations made by the complainant.

Azad was aggrieved by the CBI's closure report letting off five persons Gulshan Yadav, Hariom Srivastava, Rohit Singh, Guddu Singh and Raghuraj Pratap Singh alias Raja Bhaiya and filed a protest petition, resulting into the order by the magistrate.

Raja Bhaiya, MLA from Kunda, was then a minister in the Uttar Pradesh government, while Gulshan Yadav, was the then chairman of Kunda Nagar Panchayat, and three accomplices of the Kunda MLA - Hariom Shrivastava, Rohit Singh and Guddu Singh.

The appellant had alleged that the CBI had ignored important facts in the case pointing to the role of Raja Bhaiya. She had questioned how the police team deserted her husband during the incident as no other police personnel received any injuries.

Haq had reached Balipur village in Kunda after four persons murdered the village pradhan Nanhe Yadav. Haq took Yadav to the hospital but could not save him. Subsequently a strong crowd of 300 people gathered while he was bringing the body back to the village. He came under attack from the mob and an alleged accomplice of Raja Bhaiya, shot the police officer, causing his death in March, 2013.

Case Title: PARVEEN AZAD vs. CENTRAL BUREAU OF INVESTIGATION & ANR