Hon'ble Rajeev Singh,J.
Heard Sri Pranjal Krishna, learned counsel for the petitioner and Sri S.P. Singh, learned A.G.A. for the State.
The petition has been filed by the petitioner for following the main relief:-
"Issue a writ, order or direction in the nature of mandamus to direct the respondents to transfer the investigation of the four FIRs bearing No.0494 of 2020, 439 of 2020, 492 of 2020 and 503 of 2020 registered at the Police Station Jethwara to the Special Investigation Teams (SIT) or any other Independent Agency for conducting a fair and impartial investigation in the interest of justice;
Issue a writ, order or direction in the nature of mandamus, commanding the respondents to provide the adequate security to the petitioner and his family members."
Learned counsel for the petitioner submits that two First Information Reports were lodged by the petitioner against the accused persons of the said case in Case Crime No.439 of 2020, under Sections 323, 504, 506, 427 & 34 I.P.C., Police Station Jethwara, District Pratapgarh and Case Crime No.492 of 2020, under Sections 323, 504, 506, 308 I.P.C., Police Station Jethwara, District Pratapgarh, but the police has not taken appropriate action against the accused persons of the said case, as they are biased. He further submits that two other First Information Reports i.e. FIR/Case Crime No.494 of 2020, under Sections 353, 504 and 506 I.P.C., Police Station Jethwara, District Pratapgarh and FIR/Case Crime No.503 of 2020, under Sections 452, 307, 323, 504, 506 & 34 I.P.C., Police Station Jehtwara, District Pratapgarh has been lodged against the family member of the petitioner. He further submits that the petitioner has also challenged the FIR/Case Crime No.494 of 2020 before the coordinate Bench of this Court in Writ Petition No.841 (M/B) of 2021 in which the same was disposed of in the light of Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273. He further submits that all the aforesaid four First Information Reports are to be investigated by the Investigating Agency, such as SIT etc. Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we do not find any good ground to transfer the investigation to SIT etc, hence the prayer to transfer the investigation is hereby rejected.
However, it is open to the petitioner to approach the S.P. Pratapgarh for redressal of the grievance in case any application is moved by the petitioner, the same shall be considered, expeditiously preferably within a period of two weeks from the date of production of a certified copy of this order in accordance with law.
In view of the above, the writ petition is disposed of.
(Rajeev Singh, J.) (Ramesh Sinha, J.) Order Date :- 9.2.2021 Amit/-