Gyanesh Kumar Mishra vs The State Of U.P Thru Principal ...
2012 Latest Caselaw 2313 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 2
 

 
Case :- MISC. BENCH No. - 4181 of 2012
 

 
Petitioner :- Gyanesh Kumar Mishra
 
Respondent :- The State Of U.P Thru Principal Secy., Home Lucknow And Ors.
 
Petitioner Counsel :- P.K Tripathi
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Imtiyaz Murtaza,J.

Hon'ble Vishnu Chandra Gupta,J.

Heard learned counsel for the petitioner and the learned A.G.A. for the State.

The present petition has been filed for issue of a writ of mandamus commanding the respondents to transfer the investigation of case crime no. 639 of 2009, under Sections  8/18/21 NDPS Act,  police station -Aliganj, District - Lucknow from local police to C.B.C.I.D. or any other independent agency.

The only ground urged in support of the contention is that the petitioner has no hope of fair and impartial investigation by the local police as according to the allegation, the local police after initially showing fairness in the investigation has given clear inkling of colluding with the complainant.

In connection with the above submissions advanced across the bar, we feel called to advert to the proposition of law laid down in C.B.I. and another V. Rajesh Gandhi and another 1997 Cr. L.J. 63 (para 8) in which the pith of what has been held is that no one can insist that an offence be investigated by a particular agency.

Reverting to the facts of the present case, the only ground urged in support of the prayer for transferring the investigation is that the petitioner does not expect fair investigation and therefore, it is further urged, he has no faith in the investigation being conducted by the local police on account of their being in collusion with the complainant. There is no tangible material or extra-ordinary ground pressed before us warranting interference by this court.

In the above perspective, the petition is bereft of merit and is accordingly dismissed.

Order Date :- 29.5.2012

S. Kumar