This petition, filed by an accused, sought directions for fair and speedy investigation in multiple FIRs. The High Court held that an accused has no right to dictate the manner of investigation or choose the agency, and dismissed the petition as not maintainable.
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Neutral Citation No. - 2023:AHC:109944-DB
Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 742 of 2023
Petitioner :- Dhruv Pratap Singh Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Vindeshwari Prasad Counsel for Respondent :- A.S.G.I.,C.S.C.,Manoj Kumar Singh
Hon'ble Anjani Kumar Mishra,J. Hon'ble Ms. Nand Prabha Shukla,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
The instant writ petition has been filed with a prayer directing the respondents to ensure the fair and speedy investigation in (1) FIR No. 376 of 2021, under Sections 420, 406, 467, 468, 471, 504, 506, IPC, Police Station Civil Lines, District Budaun (2) FIR No. 696 of 2019, under Section 406, IPC, Police Station Kotwali City, District Hardoi (3) FIR No. 13 of 2020, under Sections 420, 408, 506, IPC, Police Station Majhaula, District Moradabad (4) FIR No. 372 of 2020, under Sections 420, 406 IPC, Police Station Sadar Bazar, District Shahjahanpur (5) FIR No. 593 of 2020, under Sections 420, 406, 467, 468, 471, 504, 506, IPC, Police Station Kasganj, District Kasganj (6) FIR No. 612 of 2020, under Sections 420, 406, 467, 468, 471, 504, 506, IPC, Police Station Kasganj, District Kasganj (7) FIR No. 100 of 2021, under Sections 420, 406, 467, 468, 471, 120-B, IPC, Police Station Sadar Bazar, District Shahjahanpur (8) FIR No. 44 of 2021, under Sections 420, 406, 506, IPC, Police Station Galshaheed, District Moradabad (9) FIR No. 357 of 2021, under Section 420 IPC, Police Station Kashipur, District Udham Singh Nagar, Uttarakhand (10) FIR No. 389 of 2019, under Sections 420, 406, 467, 468, 471, IPC, Police Station Civil Lines, District Budaun.
The petition has been filed by one of the accused in the aforesaid first information reports, which have been mentioned in the prayer clause quoted above.
It is settled law that the accused has no right to claim directions as to the manner in which a case against him investigated nor he has any right to choose the investigating agency.
The instant writ petition, therefore, filed by the accused, is clearly not maintainable.
It is dismissed as not maintainable.
Order Date :- 19.5.2023 Puspendra
Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether an accused has a right to claim directions regarding the manner of investigation or the choice of investigating agency.
Dhruv Pratap Singh
Union Of India
Anjani Kumar Mishra
Nand Prabha Shukla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
