Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26425 of 2018
Petitioner :- Alkamar
Respondent :- State Of U.P. And 04 Others Counsel for Petitioner :- Santosh Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri S.K. Tiwari, 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 writ petition has been filed with the prayer to direct the respondents nos. 1 and 2 to transfer the investigation from local police to any other independent agency for fair investigation in pursuance of F.I.R. dated 2.6.2018 in Case Crime No. 187 of 2018 under sections 3, 5, 5A/B U.P. Cow Slaughter Act, police station Patiyali, District Kasganj.
Learned A.G.A. has pointed out that the petitioner is an accused in the present case. Neither he got himself bailed out in the present case nor any interim protection is given to him by any competent court and he has come up before this Court praying for transferring the investigation of the present case.
After having considered the submissions advanced by learned counsel for the petitioner, we do not find any good ground for interference in the matter in view of the judgment of the Supreme Court in the case of Sakiri Vasu Versus State of U.P. and others reported in AIR 2008 (2) SC 409 which has been recently followed in the case of Sudhir Bhaskarrao Tambe vs. Hemant Yashwant Dhage & others reported in (2016) 6 SCC 277 and moreover the accused has no right to choose the investigating agency as has been held by the Apex Court in catena of decisions.
The writ petition is accordingly dismissed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 24.9.2018 Shiraz