Petitioner sought transfer of investigation to an independent agency alleging unfair conduct. Court held it cannot examine prosecution evidence under writ jurisdiction and dismissed the petition as the charge sheet was already filed.
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Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 5458 of 2018
Petitioner :- Rampyari Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Mohit Singh Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
This petition for writ is preferred to have a direction for transfer of the investigation in Case Crime No.522 of 2017 pertaining to offence under Sections 147, 302 IPC, Police Station Jahanabad, District Pilibhit to some independent agency.
The writ petition was presented on 27th February, 2018. This Court vide the order dated 6th March, 2018 directed the learned Additional Government Advocate to avail necessary instructions in the matter. After availing the necessary instructions, learned AGA submits that after completing the entire investigation a police report has already been filed before the court competent against three accused persons namely Akil, Chotelal and Phool Singh.
Learned counsel for the petitioner states that the investigating agency has not conducted the investigation fairly and the accused Chotelal has been wrongly arrayed in the accused person, who in fact is informant of the case.
We do not find any merit in the petition for writ. At the threshold, we would like to state that the petitioner approached this Court by way of filing of writ petition on 27.02.2018. On that date itself the charge sheet was presented before the court competent. Besides that, it would not be appropriate to this Court while exercising the power under Article 226 of the Constitution of India to examine the evidence collected by the prosecution and on basis of which charges have been proposed and police report has been filed. No interference as such is warranted in the matter in extraordinary writ jurisdiction of the Court.
The writ petition is dismissed .
Order Date :- 19.3.2018 A.Kr.*
[Ashok Kumar, J.] [Govind Mathur, J.]
1 issue framed by the court
Whether the High Court should interfere with the investigation by an independent agency in the exercise of writ jurisdiction under Article 226.
Rampyari
State Of U.P.
Govind Mathur
Ashok Kumar
As recorded by the court registry
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