The Allahabad high court today ordered a CBI inquiry into the false implication of a civil judge in a road accident case and quashed the FIR lodged against the judicial officer.

The court also directed the state government to transfer the then District Magistrate, Superintendent of Police and in-charge of the concerned police station if they had not already been shifted.

The order was passed by a division bench comprising Justice Imtiyaz Murtaza and Justice S K Tripathi which took suo motu action in the matter while treating it as a Public Interest Litigation (PIL) and directed CBI to submit its progress report within three months.

The matter relates to an FIR lodged against Tabrez Ahmed, posted at that time as the civil judge (Junior Division), Najibabad, Bijnore, on November 16, 2010, in connection with an accident that had taken place at village Bhaguwala under Mandawali police station area of the district.

Two children were "crushed to death by a tanker" in the mishap.

However, some bystanders reached the police station alleging the deaths were caused by the car of Ahmed, following which an FIR was lodged against the civil judge.

Subsequently, Ahmed wrote to the chief justice of the High Court and alleged he was being falsely implicated at the instance of District Magistrate A B Rajmauli who was annoyed with him for having written to the High Court that contempt proceedings be initiated against the DM for his failure to provide protocol and security during the visit of a judge of Punjab and Haryana High Court on 16th June last year.

The court ordered an inquiry by its vigilance wing and the report of the inquiry "did indicate that a false case has been foisted upon the judicial officer at the behest of the district administration".

Describing the FIR lodged against Ahmed as "a sheer concoction based on mala fides", the court held that it "cannot be sustained and is accordingly quashed".

Observing that "the police would not be able to conduct a fair investigation in the matter", the court said "this case clearly furnishes exceptional situation where this court should intervene and direct the investigation to be entrusted to CBI", the court said.

The court also noted that Tabrez Ahmed himself "has already been transferred from Bijnor".