The court dismissed the writ petition seeking transfer of a murder investigation to the C.B.I., finding no grounds for such transfer. It directed the investigating officer to conclude the investigation within six weeks.
Transfer of investigation to C.B.I. rejected; investigation to be concluded within six weeks.
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 3332 of 2018
Petitioner :- Ramji Mishra Respondent :- Union Of India And 10 Ors. Counsel for Petitioner :- Lav Srivastava,Rajan Srivastava Counsel for Respondent :- A.S.G.I.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri V.P. Srivastava, learned Senior Advocate assisted by Sri Rajan Srivastava, learned counsel for the petitioner and Sri Deepak Mishra, learned A.G.A. for the State and perused the record.
The present writ petition has been filed with a prayer to direct the respondents that the investigation of Case Crime No. 199, under Section 302, 201, 120B, 420, 34 IPC, P.S. George Town, District Allahabad may be directed to be investigated by C.B.I. therefore truth regarding unnatural death of petitioner's son could come out.
Notice was issued to respondent nos. 9 to 11 but they have not responded to the notice.
Learned A.G.A. states that as per counter affidavit filed, the Investigating Officer prays for further time to conclude the investigation of the present case.
In view of above, Investigating Officer of the present case is allowed six weeks and no more time to conclude the investigation of the present case.
At this Stage, we do not find any good ground for transferring the investigation to C.B.I.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 23.8.2018 A.P. Pandey
2 issues framed by the court
Whether the investigation of a murder case should be transferred to the C.B.I.
Whether to allow the investigating officer further time to conclude the investigation.
Ramji Mishra
Union Of India
Ramesh Sinha
Dinesh Kumar Singh-I
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
