Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25378 of 2018 Petitioner :- Omkar Nath Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anil Kumar Bajpai Counsel for Respondent :- G.A.,Gyan Prakash
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Anil Kumar Bajpai, learned counsel for the petitioner, Sri G. P. Singh, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioner with a prayer to transfer the investigation of Case Crime No. 0015 of 2018, under Sections 302, 201 I.P.C., Police Station G.R.P. Basti, District Basti to Central Bureau of Investigation, New Delhi, respondent no.4 with further direction to the Central Bureau of Investigation, respondent no.4 to conduct investigation within stipulated time.
Learned counsel for the petitioner submitted that petitioner is the informant of the present case and has come up before this Court with the aforesaid prayer. He further submitted that the petitioner suspected for the murder of his son, for which he lodged the impugned F.I.R. against the unknown persons as the dead body of his son was found near railway track on 23.05.2018 at Police Station G.R.P., District Basti. It is stated that investigation of the case is not being proceeded and no statement of the petitioner has been recorded till date. He next submitted that as the petitioner does not have faith in the Investigating Agency which is investigating the case, hence the case be transferred to the C.B.I.
Considered the submissions advanced by the learned counsel for the parties and perused the record.
Taking into account the fact that it is not a case of national security, hence, the prayer for transferring the investigation of the case to C.B.I. hereby rejected.
But, taking into account the fact and circumstances of the case, we direct the S.S.P., G.R.P., Gorakhpur to pass an appropriate order for transferring the case to the local police and thereafter S.S.P., Gorakhpur shall entrust the investigation of the case to a competent police officer who shall conclude the investigation of the present case and submit a police report before the Magistrate concerned expeditiously preferably within a period of three months from the date of production of a certified copy of this order.
It is further directed that the S.S.P., Gorakhpur shall supervise the investigation and ensure that the same is completed speedily without any undue delay.
With the above directions this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 13.9.2018/Ashok Gupta