Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 37124 of 2018
Petitioner :- Rajiv
Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Imtiyaj Ali,Murtuza Ali Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Imtiyaj Ali, learned counsel for the petitioner, Sri Irshad Hussain, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed with the prayer to direct the respondents nos. 2 and 3 to ensure fair and brilliant investigation in pursuance of F.I.R. dated 22.2.2018 in Case Crime No. 167 of 2018, under Section 8/15 N.D.P.S. Act, P.S. Katghar, District Moradabad.
Learned counsel for the petitioner states that though the petitioner is an accused in the present case, he has challenged the impugned F.I.R. by means of Crl Misc. Writ Petition No. 32851 of 2018 in which an order was passed by this Court vide order dated 16.11.2018 directing the petitioner to obtain bail. Now, the petitioner has again come up before this Court for fair instigation of the present case.
The petitioner, who is an accused in the present case has come up with the prayer that the direction be given to the respondent nos. 2 and 3 for fair investigation in the matter as he apprehends that the investigation is not carried out in a fair and proper manner.
After having considered the submissions advanced by learned counsel for the petitioner, we do not find any good ground for interference in the matter in view of the judgment of the Supreme Court in the case of Sakiri Vasu Versus State of U.P. and others reported in AIR 2008 (2) SC 409 which has been recently followed in the case of Sudhir Bhaskarrao Tambe vs. Hemant Yashwant Dhage & others reported in (2016) 6 SCC 277 and moreover the accused has no right to choose the investigating agency as has been held by the Apex Court in catena of decisions.
The writ petition is accordingly dismissed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha,J.)
Order Date :- 18.12.2018 Manoj