Allahabad High Court
Mohd. Arshad @ Bhola vs State Of U.P. Thru Prin.Secy. Home ... on 1 July, 2021
Bench: Ramesh Sinha, Vikas Kunvar Srivastav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 9
Case :- MISC. BENCH No. - 13425 of 2021
Petitioner :- Mohd. Arshad @ Bhola
Respondent :- State Of U.P. Thru Prin.Secy. Home Lucknow And Ors.
Counsel for Petitioner :- Nripendra Mishra,Vinay Pratap Singh Rathor
Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J.
Hon'ble Vikas Kunvar Srivastav,J.
The Court has convened through video conferencing.
Heard Sri Nripendra Mishra, learned counsel for the petitioner and Sri Arun Kumar Pandey, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record..
This writ petition has been preferred by the petitioners seeking following reliefs:
(i) Issue a writ, order or direction in the nature of Certiorari to quash the first information report lodged by opposite party No.3 at Case Crime No. 0036 of 2021, under Sections 279, 304A, Police Station Jarwal Road, District Bahraich contained as Annexure No.1 to this writ petition.
(ii) Issue a writ, order or direction in the nature of Mandamus commanding to opposite parties to not to arrest the petitioners in Case Crime No.0036 of 2021, under Sections 279, 304-A IPC, Police Station -Jarwal Road, District Bahraich.
(iii) Issue a writ, order or direction in the nature of Mandamus commanding to opposite parties specially opposite party no.2 to conduct fair investigation of the Case Crime No. 0036 of 2021, under Section 279, 304A I.P.C., Police Station-Jarwal Road, District Bahraich.
Learned counsel for the petitioner has confined his argument with respect to prayer no.3 that the petitioner, who is an accused in the present case, has come up with the prayer that the direction be given to the respondents for directing a fair investigation in the matter as he apprehends that the investigation is not carried out in a fair and proper manner.
After having considered the submissions advanced by learned counsel for the petitioner, we do not find any good ground for interference in the matter in view of the judgment of the Supreme Court in the case of Sakiri Vasu Versus State of U.P. and others reported in AIR 2008 (2) SC 409 which has been recently followed in the case of Sudhir Bhaskarrao Tambe vs. Hemant Yashwant Dhage & others reported in (2016) 6 SCC 277 and moreover the accused has no right to choose the investigating agency as has been held by the Apex Court in catena of decisions.
So far the prayer nos. 1 and 2 in the writ petition are concerned, these are rejected on merits, as from the perusal of the impugned FIR it cannot be said that no offence is disclosed against the petitioner.
The writ petition is, accordingly, dismissed.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Vikas Kunvar Srivastav,J.) (Ramesh Sinha,J.)
Order Date :- 1.7.2021
Mohit
