Lack of merit. Writ petition for transfer of investigation to another agency in a criminal case involving expiry/exoneration of some accused was dismissed, as grievances can be addressed during trial.
Direction for transfer of investigation was dismissed.
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 8180 of 2020
Petitioner :- Savita Devi Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Deepak Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Singh,J.
Heard Sri Deepak Kumar Yadav, learned counsel for the petitioner and Ms. Archna Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
By means of this petition, the petitioner has prayed for direction in the nature of mandamus commanding and dire cting to the respondents no.2 to transfer the investigation from Police Station Kotwali Dehat, District Bulandshahr to another agency in Case Crime No.684 of 2019, under Sections 452, 323, 354A, 376, 307, 392, 427, 504, IPC, Police Station Kotwali Dehat, District Bulandshahar.
Learned counsel for the petitioner submitted that the impugned FIR was registered against four accused persons and the charge sheet has been submitted against only one accused namely Manoj, the respondent no.4. He further submitted that the accused respondent nos.5 to 7 namely Kamal, Gauri Singh and Mukut have been exonerated by the police during the course of investigation. He further submits that though the court had taken cognizance for the offence against all the accused persons, but the accused respondent nos. 5 to 7 have been wrongly exonerated by the police during the course of investigation, hence the matter may be transferred to another investigating agency.
Learned A.G.A. opposed the prayer for transfer the investigation to another agency on the ground that as the charge sheet has been submitted against the accused respondent no.4 namely Manoj and accused respondent nos.5 to 7 namely Kamal, Gauri Singh and Mukut have been exonerated during the course of enquiry, who are two real brothers and father of the accused respondent no.4 namely Manoj. He further submits that the petitioner has an remedy before the court concerned for agitating his grievance at the appropriate stage, during the course of trial.
Considering the submissions advanced by learned counsel for the parties, we do not find any good ground for transferring the investigation of the present case to any other agency.
Accordingly, the present writ petition lacks merits and is dismissed.
(Ajit Singh, J.) (Ramesh Sinha, J.)
Order Date :- 26.8.2020/VKG
2 issues framed by the court
Whether the investigation in a criminal case where some accused were exonerated should be transferred to another agency.
Whether the writ petition lacks merit for seeking transfer of investigation.
Savita Devi
State Of U.P.
Ramesh Sinha
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
