This petition under Articles 226 and 227 of the Constitution of India is filed by the petitioner with a prayer to direct the respondent - Investigating Agency to carry out fair and impartial investigation in accordance with law and as per the guidelines laid down by the Apex Court in the case of D.B.Basu v. State of West Bengal [1997(2) GLR 1631 [SC].
2. It is the case of the petitioner that he is subjected to harassment by the police authorities by issuing summons and whenever the petitioner has tried to remain present, it was stated that his presence was not required.
3. In answer to the above, learned APP submits that warrant under Section 70 of the Code of Criminal Procedure, 1973 were issued against the petitioner.
4. In the above circumstances, in case if Investigating Officer needs presence of the petitioner for identification parade or for any other purpose of investigation, he may summon the petitioner in accordance with law and the petitioner shall remain present before the authority concerned.
With the aforesaid this petition stands disposed of.
Notice is discharged. However, there shall be no order as to costs.
[Anant S. Dave, J.] *pvv Top