Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 14471 of 2018 Petitioner :- Shabboo Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ravindra Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri R.K. Mishra, learned counsel for the petitioner and Sri N.K. Verma, learned A.G.A. for the State and perused the record.
This writ petition has been filed with the prayer to direct the respondents to make proper and fair investigation through CBCID/any other higher level agency in the present case crime no.63 of 2018, u/s 394, 120-B IPC, P.S Thakurdwara, district Moradabad.
The petitioner who is the accused of the present case has come up with the prayer that the direction be given to the respondents for conducting fair investigation by any other independent agency 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 and 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 :- 31.5.2018 Gaurav