Surya Prakash Tripathi vs State Of U.P. & Others
2012 Latest Caselaw 4662 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 14432 of 2012
 

 
Petitioner :- Surya Prakash Tripathi
 
Respondent :- State Of U.P. & Others
 
Petitioner Counsel :- Nisar Uddin,Ziya Uddin
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Arun Tandon,J.

Hon'ble Vijay Prakash Pathak,J.

From the records of the present writ petition it is apparently clear that the police, after investigation, has already submitted police report recording therein that offence under Section 304-A has been committed.

According to the petitioner the offence, as disclosed in the first information report, was under Section 302 I.P.C. and there is sufficient material for the offence being established. Therefore, he prays that the investigation be transferred to some other independent agency.

In our opinion the writ petition is wholly misconceived. If the petitioner is not satisfied with the investigation report submitted before with the Magistrate/Court concerned, he is at liberty to file a protest petition. It is within the discretion of the Court concerned to direct further investigation, if required, through any other agency, in view of the powers vested in it under Section 173(8) Cr.P.C.

The Supreme Court of India in the case of Disha vs. State of Gujarat and others; (2011) 13 SCC 337 (Para-13) has held that even a Magistrate under Section 173 (8) Cr.P.C. can direct further investigation by C.B.I.

Writ petition is disposed of with the aforesaid observations.

Order Date :- 1.10.2012

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