Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 17163 of 2019 Petitioner :- Adil Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Rajesh Kumar Dubey,Nasiruzzaman Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Nasiruzzaman, learned counsel for the petitioner, Sri G.P. Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the order dated 20.05.2019 passed by respondent no. 3, transferring the investigation of case crime no. 89 of 2019, under Sections 307, 504 of IPC, P.S. Civil Lines, District Aligarh from Special Investigation Team to local police.
It has been contended by learned counsel for the petitioner that respondent no. 6 has lodged an FIR against petitioner and one Nabeel, vide crime no. 0089 of 2019, under Sections 307, 504 of IPC, P.S. Civil Lines, District Aligarh and that later on the direction of respondent no. 1, the investigation of that case was transferred to Special Investigation Team (hereinafter referred to as 'SIT') vide its letter dated 06.03.2019 but later on the Dean, Faculty of International Studies, Aligarh Muslim University, Aligarh (hereinafter referred to as 'AMU') colluded with respondent no. 3 and appointed wife of respondent no. 3 as Guest Teacher in the Department of Strategic And Security Studies, to manage the investigation being conducted by the SIT. It was submitted that respondent no. 3 in order to support the AMU Administration as well as the Dean, Faculty of International Studies, AMU, vide its order dated 20.05.2019 returned the investigation of several cases including that of above-stated crime no. 89 of 2019 from SIT to local police of police station Civil Lines, district Aligarh. It has been argued that the impugned order dated 20.05.2019 has been passed in a wholly dictatory manner without any rhymes and reasons and with mala fide intention in order to support the AMU Administrative Authorities. The fact clearly shows that respondent no. 3 and Administrative Authorities of AMU have colluded with each other and that the impugned order is fully unjust, arbitrary, mala fide, perverse and bad in the eye of law. It was further submitted that regarding criminal activities of Contractor Khillan, petitioner and one Shadab Khan have filed complaints before the police but no action was taken by the Administration as well as Proctor of AMU. In order to save Contractor (Khillan) from legal actions, the said contractor in connivance with police of police station Civil Lines, Aligarh has lodged a false and fabricated FIR against the petitioner, his neighbours and other family members of the petitioner.
Learned A.G.A. has opposed the prayer as made above and argued that investigation of a case falls within the arena of police authorities and there is no evidence that the impugned order has been passed in collusion with the Administrative Authorities of AMU, with any mala fideness. No illegality or abuse of process of law could be shown in regard to the impugned order. It was further submitted that petitioner, being an accused in the said case, has no right to choose the investigation of the case by any particular authority.
Considering the submissions of learned counsel for the parties and perusing the record, we do not find any illegality or abuse of the process of law by police authorities in regard to the impugned order, by which investigation of the above-stated case has been transferred from SIT to local police and further petitioner being an accused in the said case, has no right to choose the investigation of the case by a particular Investigating Agency, hence, no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for grant of any relief sought, by the petitioner.
The petition lacks merit and is, accordingly, dismissed.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 31.7.2019 Anand