Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 24352 of 2019 Petitioner :- Padam Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Kuldeep Kumar Counsel for Respondent :- G.A.,A.S.G.I.,Sanjay Kumar Yadav
Hon'ble B. Amit Sthalekar,J. Hon'ble Ali Zamin,J.
Thakur Azad Singh files his Memo of Appearance on behalf of the respondent no.2. The same is taken on record.
Heard Sri Kuldeep Kumar, learned counsel for the petitioner, Thakur Azad Singh, learned counsel for the respondent no.2 and the learned A.G.A. for the State.
The present writ petition has been filed by the petitioner seeking a direction to the respondents no.1 to 5 to transfer the investigation of the present case to the Central Bureau of Investigation in FIR dated 18.05.2019 registered as Case Crime No. 344 of 2019, under Sections 279, 337, 338, 323, 307, 504 IPC, Police Station Kotwali Dehat, District Bulandshahar.
The facts in brief are that an FIR has been lodged by the informant Satpal Singh against the petitioner Padam Singh and two others alleging that on 14.05.2019 at 8.15 am he alongwith his wife Chandani and mother-in-law was going on motorcycle to meet his brother-in-law in District Jail, Bulandhshar and when they reached near Bambe Pulia about 9.00 am the petitioner Padam Singh alongwith two other persons reached there on a motorcycle and hit the informant's motorcycle, as a result of which the informant and his wife fell on the ground and received injuries. The petitioner and other co-accused also used abusive language and committed marpeet with the informant and his wife.
It is submitted by the learned counsel for the petitioner that the petitioner is an innocent person and has been falsely implicated in the present case and police is not investigating the case properly and even has not filed the chargesheet against the petitioner.
From perusal of the averments made in the writ petition it is seen that no specific or plausible reasons have been mentioned in the writ petition which may show that the petitioner has no hope of fair investigation by the police. All that has been stated in the writ petition is that he has been falsely implicated in the present case for the reason that he had earlier lodged an FIR against the informant which has been registered as Case Crime No.347 of 2018 in which police has submitted chargesheet and Section 307 IPC has also been added and only to put pressure upon the petitioner the present FIR has been lodged against him.
In this view of the matter, we find no justification for transfer of the investigation to some other agency.
The writ petition lacks merit and is accordingly dismissed. Order Date :- 28.11.2019 N Tiwari