Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4387 of 2018 Petitioner :- Amir Ahmad Respondent :- State Of U.P. Through Secretary Home U.P And 7 Others Counsel for Petitioner :- Gajendra Singh Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Rajiv Lochan Mehrotra,J.
Heard Sri Gajendra Singh, learned counsel for the petitioner, learned AGA for the respondents-State and perused the record.
This petition for writ under Article 226 of the Constitution of India is preferred with a prayer to transfer the investigation to some other police station to secure fair investigation in Case Crime No. 700 of 2017 pending investigation at Police Station Izzatnagar, District Bareilly pertaining to offence punishable under Sections 147, 148, 307, 324, 504 IPC.
Suffice to mention that earlier too the petitioner preferred a petition for writ, i.e., Criminal Misc. Writ Petition No. 22862 of 2017 to have a direction for the Investigating Agency to complete the investigation fairly. The writ petition aforesaid came to be disposed of on 27.10.2017 with directions to the Senior Superintendent of Police, Bareilly to ensure fair investigation and to submit police report before the Court competent expeditiously preferably within a period of three months from the date of production of a certified copy of the order.
As per learned counsel for the petitioner, in compliance of the order aforesaid, a representation was submitted alongwith copy of the order dated 27.10.2017 in the month of November, 2017.
Be that as it may, the writ petition does not contain any justifiable reason for transfer of the investigation from the present Investigating Agency. Even otherwise, an investigation can be transferred only on having cogent reasons to do so.
In the instant matter, we do not find any just reason to grant relief as prayed for. The writ petition is dismissed being bereft of merit.
Order Date :- 22.2.2018 Shubham .
(Rajiv Lochan Mehrotra,J.) (Govind Mathur,J.)