Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 14561 of 2018
Petitioner :- Yunus
Respondent :- State Of U.P. And 11 Others Counsel for Petitioner :- Ranjeet Asthana Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ranjeet Asthana, learned counsel for the petitioner, Sri Prabhash Pandey, 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 respondent- authorities to arrest the accused persons in pursuance of F.I.R. dated 5.5.2018 in Case Crime No. 30 of 2018 under sections 147, 148, 149, 307, 323, 504 I.P.C., police station Phugana, District Muzaffar Nagar and change the investigating officer of the present case.
The petitioner who is the informant of the present case has come up with the prayer that the direction be given to the respondent authorities to arrest the accused persons and change the investigating officer of the present case 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.
The writ petition is accordingly dismissed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 31.5.2018 Shiraz