Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22919 of 2018
Petitioner :- Amit Kumar Pandey
Respondent :- State Of U.P. And 6 Others
Counsel for Petitioner :- Rajiv Kumar Mishra,Anand Kumar Mishra
Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri R.K.Mishra, learned counsel for the petitioner, Sri N.K.Verma, 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 no.1 to transfer the investigation of the present criminal case to any independent investigation agency or C.B.C.I.D. in pursuance of the FIR dated 14.10.2017, registered as Case Crime No.739 of 2017, under Sections 147, 148, 149, 302, 307, 504 I.P.C., P.S. Kotwali Deoria, District Deoria.
Learned counsel for the petitioner submits that though petitioner is named in the FIR, but he is preparing for the competitive examination and three of the accused are confined in jail and their bail applications are pending. He further submits that one of the co-accused,namely, Ajeet Kumar alias Golden has approached this Court for fair investigation by means of filing Crl. Misc. Writ Petition No.12863 of 2018, which has been disposed of by Coordinate Bench of this Court vide order dated 18.5.2018, copy of which has been annexed at page-20 of the writ petition. He further submitted that investigation of the case has not yet been concluded, hence, he has come up before this Court for transfer of investigation to any independent investigation agency or C.B.C.I.D., for which he has already moved a representation to respondent no.1, as he apprehends that the investigation is not carried out in a fair and proper manner.
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.
We are not inclined to interfere in the prayer made in the petition. The writ petition is accordingly dismissed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 23.8.2018/NS