Allahabad High Court
Krishnapal Singh vs State Of U.P. Thru. Addl. Chief ... on 4 January, 2023
Bench: Devendra Kumar Upadhyaya, Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 9
Case :- CRIMINAL MISC. WRIT PETITION No. - 10015 of 2022
Petitioner :- Krishnapal Singh
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Civil Sectt. Govt. U.P. Lko. And Others
Counsel for Petitioner :- Sumit Kumar Srivastava
Counsel for Respondent :- G.A.
Hon'ble Devendra Kumar Upadhyaya,J.
Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioner, learned Additional Government Advocate representing the State-respondents and Sri Ravindra Kumar Singh, learned counsel representing the respondent No.4.
This petition under Article 226 of the Constitution of India has been preferred by the petitioner who is an accused in First Information Report No.0134 of 2022, lodged on 07.04.2022, under Section 302 I.P.C. at Police Station Mohammadpur Khala, District Barabanki with the prayer to transfer the investigation of the said First Information Report from Crime Branch-Faizabad/Ayodhya to C.B.C.I.D.
Submission of learned counsel for the petitioner is that earlier the investigation of the First Information Report in question was being conducted by the police personnel of Police Station Mohammadpur Khala, District Barabanki, however, at the instance of respondent No.4, the investigation has been transferred to Crime Branch-Faizabad/Ayodhya. He has stated further that as a matter of fact earlier two attempts were made by the respondent No.4 to get the investigation of the First Information Report transferred from police personnel of Police Station Mohammadpur Khala, District Barabanki by instituting Criminal Misc. Writ Petition No.2476 of 2022 and Criminal Misc. Writ Petition No.2081 of 2022 and when the respondent No.4-complainant could not succeed before this Court, by exerting some political influence, he got the investigation transferred to Crime Branch-Faizabad/Ayodhya. Our attention in this regard has been drawn to an order dated 22.04.2022, whereby the writ petition, namely, Criminal Misc. Writ Petition No. 2081 of 2022 filed by the complainant-respondent No.4 was dismissed with the liberty to him to institute another writ petition. We have also been taken through an order dated 05.05.2022, passed by a coordinate Bench of this Court dismissing the Criminal Misc. Writ Petition No.2476 of 2022.
It has further been stated by the learned counsel for the petitioner that after transfer of investigation to Crime Branch-Faizabad/Ayodhya, the Investigating Agency is not properly conducting the investigation and as a matter of fact the entire investigation is proceeding at the instance of the complainant-respondent No.4.
From the averments made in the writ petition, however, we do not find any element of bias so far as the investigation being conducted by the present Investigating Agency, namely, Crime Branch-Faizabad/Ayodhya is concerned. In case the petitioner being accused has apprehension that the investigation is not proceeding in the right direction, he has a remedy by approaching the Magistrate concerned under Section 156(3), Cr.P.C. in view of the law laid down by Hon'ble Supreme Court in the case of Sakiri Vasu Vs. State of U.P. and others, reported n (2008) 2 SCC 409 as reiterated by Hon'ble Supreme Court in yet another judgment in the case of Sudhir Bhaskarrao Tambe Vs. Hemand Yashwant Dhage and others, reported in (2016) 6 SCC 277.
Accordingly, we are not inclined to interfere in this writ petition, which is hereby disposed of with the liberty to the petitioner to approach the Magistrate concerned in view of the law laid down by Hon'ble Supreme Court in the case of Sakiri Vasu Vs. State of U.P. and others, reported in (2008) 2 SCC 409 as reiterated by Hon'ble Supreme Court in yet another judgment in the case of Sudhir Bhaskarrao Tambe Vs. Hemand Yashwant Dhage and others, reported in (2016) 6 SCC 277.
In case the petitioner approaches the Magistrate concerned with some grievances by way of making some application, the Magistrate shall take appropriate decision thereon strictly in accordance with law.
Order Date :- 4.1.2023
Sanjay
