The High Court rejected a writ petition challenging the swift filing of charge sheets in multiple police station cases. The bench found no grounds to transfer the investigation to an independent agency or the C.B.C.I.D. despite claims of collusion.
No relief granted; petition rejected.
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 21856 of 2017
Petitioner :- Om Prakash And 6 Ors. Respondent :- State Of U.P. And 8 Ors. Counsel for Petitioner :- Vineet Kumar Mishra,Ashish Mishra,Krishna Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Bhuvnesh Kumar Singh, Advocate holding brief of Sri Vineet Kumar Mishra, learned counsel for the petitioner and Sri Irshad Hussain, learned A.G.A. for the State.
This writ petition has been filed with a prayer to direct the respondent no. 1 to refer/transfer the investigation of case crime no. 299 of 2016, u/s 147, 506 and 507 IPC, P.S. Shivkuti, District Allahabad, case crime no. 154 of 2016, u/s 147, 323, 447, 452, 504, 506 & 427 IPC, P.S. Bahariya, District Allahabad, case crime no. 92 of 2017, u/s 147, 379, 447, 323, 504, 506 and 427 IPC and 3 (2) (5) of SC/ST Act, P.S. Bahariya, District Allahabad and case crime no. 381 of 2017, u/s 506 IPC, P.S. Colonelganj, District Allahabad either to any independent investigating agency or to the C.B.C.I.D.
Learned counsel for the petitioner submitted that respondent no. 8 is a practising Advocate and the police in collusion with him, has submitted charge sheet within three days, hence, he has come up before this Court for transferring the matter to any other investigating agency. He has further submitted that charge sheets have been filed in all cases except in one case against the accused-persons.
Considering the facts and circumstances of the case and arguments advanced by learned counsel for the parties, we do not find any ground to interfere in this matter, hence, this writ petition is, accordingly, rejected.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 9.4.2018 A.P. Pandey
2 issues framed by the court
Whether the court should transfer the investigation of pending criminal cases to an independent agency due to alleged collusion in filing the charge sheet.
Whether there are sufficient grounds to allow the petitioner's prayer to refer cases to the C.B.C.I.D.
Om Prakash And 6 Ors.
State Of U.P. And 8 Ors.
Ramesh Sinha
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
