In this criminal miscellaneous writ petition, the High Court refused to transfer the investigation into a case involving explosive substances from a local police station to the Central Bureau of Investigation (CBCID) due to lack of sufficient grounds.
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. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 9528 of 2022
Petitioner :- Zafar Ali Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Zain Abbas,Mohammed Asif,Rishabh Kumar Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Narendra Kumar Johari,J.
Supplementary afÏdavit and short counter afÏdavit filed today is taken on record.
Heard Sri Zain Abbas learned counsel for the petitioner and learned A.G.A. for the State.
Present petition is being preferred by the father of the accused for transfer of investigation/ enquiry by the CBCID or by any independent agency in Case Crime No.079 of 2022 under Section 4/5 of Explosive Substances Act, 1908 Police Station Khuldabad District Prayagraj.
Learned counsel for the petitioner vehemently contended that due to political vendata, cases have been lodged against the son of the petitioner under the influence of a very influential person of the locality and as such the matter is to be investigated by the CBCID.
Learned A.G.A. vehemently denied the denied the allegation of the petitioner and in para-4 of the short counter afÏdavit submitted that the accused is a habitual offender and there are as many as 8 cases are on the credit of the accused and at the time of the arrest, he was arrested with 6 live local bombs, recovered from his pocket.
Considering the facts and circumstances of the case, we do not find any good ground to interfere in the matter and transfer the matter to the CBCID. Writ petition is accordingly dismissed.
Order Date :- 14.9.2022 n.u.
Digitally signed by NASEEM UDDIN Date: 2022.09.16 17:30:24 IST Reason: Location: High Court of Judicature at Allahabad
Zafar Ali
State Of U.P.
2 Others
Mahesh Chandra Tripathi
Narendra Kumar Johari
As recorded by the court registry
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