Allahabad High Court
Jauhari Khan vs State Of U.P. Thru Prin. Secretary ... on 19 July, 2021
Bench: Ramesh Sinha, Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 9
Case :- MISC. BENCH No. - 15025 of 2021
Petitioner :- Jauhari Khan
Respondent :- State Of U.P. Thru Prin. Secretary Home, Lko. & Ors.
Counsel for Petitioner :- Anil Pratap Singh,Akshay Kumar Singh,Amrendra Kumar,Kunwar Sushant Prakash,Vinay Krishna Pandey
Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J.
Hon'ble Narendra Kumar Johari,J.
Heard Shri Akshay Kumar Singh, learned counsel for the petitioner, Smt. Meera Tripathi, learned A.G.A. for the State-respondents and perused the material brought on record.
This writ petition has been filed by the petitioner, Jauhari Khan, with the following prayers :-
"(i) a writ, order or direction in the nature of Mandamus to order independent investigation from Commissioner of Police, Lucknow or any independent investigation authority in Case Crime No.389 of 2021, under Sections 3, 4, 5 of Immoral Traffic (Prevention) Act, 1956, Police Station Chinhat, District Lucknow East (Commissionerate Lucknow) and Case Crime No.390 of 2021, under Sections 8, 21 of NDPS Act, Police Station Chinhat, District Lucknow East (Commissionerate Lucknow).
(ii) an appropriate writ, order or direction directing the investigation authority to procure the original C.C.T.V. footage of Hotel Kingston dated 31.05.2021 and call detail record (C.D.R.) and mobile location of two mobile no.8874132002 and 91691142227 of the petitioner's son."
It has been argued by learned counsel for the petitioner that the petitioner is the mother of accused Afjal @ Raja and his son has wrongly been arrested by respondents no.4, 5 and 6 and false case has been registered against his son under Sections 3, 4, 5 of Immoral Traffic Act and Sections 8, 21 of NDPS Act.
Learned A.G.A., on the other hand, submits that the son of the petitioner, namely, Ajal @ Raja is named in the FIR and case under Immoral Traffic Act and NDPS Act has been registered against him and the investigation is underway.
After having considered the submissions advanced by learned counsel for the parties, 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 side has no right to choose the investigating agency as has been held by the Apex Court in catena of decisions.
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.
(Narendra Kumar Johari,J.) (Ramesh Sinha, J.)
Order Date :- 19.7.2021
Anand/-
