Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25841 of 2018 Petitioner :- Pawan Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sunil Vashisth Counsel for Respondent :- G.A.,Manoj Kumar Dubey
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Sunil Vashisth, learned counsel for the petitioner, Sri Manoj Kumar Dubey, learned counsel for the caveator, Sri A.R. Chaurasia, learned A.G.A. appearing for the State and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed for a direction in the nature of mandamus commanding the respondent to transfer the investigation being conducted by the police of police station Behsuma in pursuance of FIR dated 29.6.2018 registered as Case Crime No.210 of 2018 under sections 147, 148, 149, 307, 323 IPC to CB CID or some other investigating agency from police of police station Behsuma District Meerut..
Learned counsel for the petitioner submits that the petitioner is the pairokar of criminal case of gang rape and it is just to harass the petitioner, the present FIR has been lodged by respondent no. 5 who is relative of the accused in the said gang rape.
Learned A.G.A. as well as learned counsel for the caveator and submitted that the victim has sustained several injuries on his person, hence the involvement of the petitioner in the present case cannot be ruled out.
In view of the aforesaid, we are not inclined to interfere in the matter and the writ petition is accordingly dismissed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 17.9.2018 AU