In this criminal miscellaneous writ petition, the High Court rejected the petitioner's prayer for transfer of investigation, holding that such transfer cannot be permitted based on the legal principles established by the Apex Court in Romila Thapar Vs. Union of India.
Prayer for transfer of investigation rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 1607 of 2019
Petitioner :- Pooran Singh Mehra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mukul Tripathi,C.K.Parekh Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ajit Singh,J.
The prayer made in the present writ petition is totally misconceived and is rejected. The petitioner is an accused. The investigation cannot be transferred in view of the law laid down by the Apex Court in the case of Romila Thapar Vs. Union of India reported in 2018 (10) SCC 753.
The present writ petition is dismissed at this stage.
Order Date :- 22.1.2019 Mini
2 issues framed by the court
Whether the investigation can be transferred given the law laid down by the Apex Court.
Whether the prayer for transfer of investigation is maintainable.
Colour shows how this judgement treated each authority
Romila Thapar Vs. Union of IndiaFollowed¶5
Romila Thapar Vs. Union of India reported in 2018 (10) SCC 753 · Who else cites this
Pooran Singh Mehra
State Of U.P.
Vipin Sinha
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
