Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 19794 of 2019 Petitioner :- Yogesh Yadav Respondent :- Union Of India And 9 Others Counsel for Petitioner :- Harikesh,Shri Vinay Saran(Senior Advocate) Counsel for Respondent :- A.S.G.I.,G.A.,Sanjay Kumar Yadav Hon'ble Ramesh Sinha,J.
Hon'ble Raj Beer Singh,J.
Heard Sri Vinay Saran, learned Senior Advocate assisted by Sri Harikesh, learned counsel for the petitioner, Sri S.K. Yadav, learned counsel for the complainant and Sri A.K. Sand, learned AGA for the State.
The prayer made in the present petition is for commanding the respondents to transfer and entrust the investigation of FIR dated 17.11.2017 registered as case crime no.751 of 2017 u/s 147, 148, 149, 302, 34 IPC, P.S. Bishrekh, district Gautam Budha Nagar to the Central Bureau of Investigation and further direct the respondent no.2 to carry out a speedy and expeditious investigation of the case.
It has been argued by learned counsel for the petitioner that the petitioner is the complainant of the case and he has filed writ petition for transferring of the investigation to C.B.I in which coordinate Bench of this Court passed order on 30.5.2019 but the said order has not yet been complied with.
Learned AGA has raised a preliminary objection regarding maintainability of the present writ petition as the same is not maintainable for the same cause of action.
Considering the submissions made by learned counsel for the parties we are not inclined to interfere in the matter, The writ petition is, accordingly, dismissed.
However, it will be open for the petitioner to avail appropriate remedy available under law before the appropriate forum.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 25.7.2019 Gaurav