Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 871 of 2019 Petitioner :- Mohd. Naim Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Kumar Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner, learned AGA for the State- respondent and perused the record.
Instant writ petition seeks direction upon the second respondent to conduct fair and impartial investigation of Case Crime No. 332 of 2018, under Sections 147, 306, 352,406,504, 506 IPC, P.S. Ganjdundwara, District Kasganj or to transfer the same to an independent agency.
It is alleged that the petitioner is one of the accused and is not satisfied with the manner in which investigation has been carried out.
It is well settled legal principle that an accused has no right to choose the investigating agency. Otherwise also, no personal allegation of malafide has been made against the Investigating Agency and interestingly Investigating Officer has not been impleaded by name as party respondent.
Under the circumstances, the writ petition is liable to be dismissed and is, accordingly, dismissed.
Order Date :- 31.1.2019 RavindraKSingh