Petitioner sought direction for fair investigation under UP Cow Protection and other acts. Bench relied on Romila Thapar v. Union of India holding accused cannot seek court-monitored investigation and dismissed writ.
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Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 16566 of 2022
Petitioner :- Chhotey Lal Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nishi Kant Chaturvedi,Mohan Lal Pandey,Rakesh Singh Yadava Counsel for Respondent :- G.A.
Hon'ble Suneet Kumar,J. Hon'ble Syed Waiz Mian,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State respondents.
By means of present writ petition, the petitioner is seeking direction to the respondent authorities to ensure fair, impartial and proper investigation of the Case Crime No. 0102 of 2020, under sections 3/5/8 of the Uttar Pradesh Prevention of the Cow Slaughters Act, 1955, Section 11 of the Prevention of the Cruelty against the Animals at 1960 and under Section 207 of the Motor Vehicles Act, Police Station Koirana, District Bhadohi.
On specific query, learned counsel for the petitioner submits that petitioner is an accused in the criminal cases.
In Romila Thapar v. Union of India, (2018) 10 SCC 753 , Supreme Court held that an accused cannot ask to change an investigating agency, or to require that an investigation be done in a particular manner, including asking for a court-monitored investigation.
In view thereof, the relief claimed by the petitioner, cannot be granted.
The writ petition is, accordingly, dismissed .
Order Date :- 2.12.2022 Shivangi
Digitally signed by SHIVANGI YADAV Date: 2022.12.05 11:47:38 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether an accused can seek direction from High Court for court-monitored investigation or change of investigating agency under Article 226.
Colour shows how this judgement treated each authority
Romila Thapar v. Union of IndiaRelied on¶8
Romila Thapar v. Union of India, (2018) 10 SCC 753 · Who else cites this
4 provisions across 3 enactments
Chhotey Lal Yadav
State Of U.P
2 Others
Suneet Kumar
Syed Waiz Mian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
