Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 37773 of 2018
Petitioner :- Amit Gupta Alias Amit Kumar And Another
Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Srivastava Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Mrs. Manju Rani Chauhan,J.
Heard learned counsel for the petitioners as well as learned A.G.A. for the State-respondents.
The instant petition has been filed by the petitioners seeking direction to the concerned authority to transfer the entire investigation of Case Crime No.1144 of 2018, under Sections 363,366 IPC and Section 7/8 of P.O.C.S.O. Act, P.S. Kotwali, District Mainpuri to any other District.
It is submitted by the learned counsel for the petitioners that when the petitioner no.2-victim was going to record her statement under Section 164 Cr.P.C. she was brutally assaulted at the instance of the elder brother of the respondent no,.3.
In connection with the above submission advanced across the bar, we feel called to advert to the proposition of law laid down in C.B.I. and another Vs. Rajesh Gandhi and another, 1997 Cr.L.J. 63 (Para 8) in which the pith of what has been held is that no one can insist that an offence be investigated by a particular agency.
Considering the facts and circumstances of the case, the S.H.O. concerned is directed to extend all possible safety and security of the victim while investigating the case, in accordance with law.
With the aforesaid direction, this writ petition is disposed of.
Order Date :- 21.12.2018
M. Tariq