Decided On:05.08.202 vs State Of Himachal Pradesh And ...
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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.2071 of 2019 Decided on:05.08.2021 Manoj Kumar ..........Petitioner Versus

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State of Himachal Pradesh and others ........Respondents

____________________________________________________ Coram:

Hon'ble Mr. Justice Ravi Malimath, Acting Chief Justice.

Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?

For the petitioner :

Mr. Anup Rattan, Advocate.

For the respondents :

Mr. Ashok Sharma, Advocate General with Mr. Ranjan Sharma & Mr. Vikas Rathore, Additional Advocate Generals and Ms. Seema Sharma, Dy. Advocate General.

(Through Video Conferencing)

_____________________________________________________ Ravi Malimath, Acting Chief Justice (Oral).

The petitioner's counsel submits that in view of the

police protection being granted, prayer No.1 does not survive for

consideration. Hence, the petition is dismissed so far as prayer

No.1 is concerned.

2. Prayer No.2 is for a request to hand over the

investigation of the case to the CID Crime Branch or to the CBI.

3. The learned counsel for the petitioner contends that

pursuant to the complaint filed by the petitioner, the concerned

police is not doing an appropriate job. That the main accused

____________________________________________________ Whether reporters of Local Papers may be allowed to see the judgment? Yes.

have been let off. That they are required to be impleaded as

accused in the said case. Hence, he pleads that he has a doubt

over the investigation and consequently, the same should be

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referred to for investigation by the CBI.

4. On hearing learned counsels, we do not find it

appropriate to grant such a relief. If a person has not been arrayed

as an accused in the charge-sheet, the complainant has

substantial remedies towards the same. Rather than exhausting

the same to file a writ petition on a secondary prayer, in our

considered view, may not be appropriate. Every doubt that the

petitioner entertained in his mind, cannot lead to the conclusion

that the investigation is faulty and that the CBI alone is required to

investigate the same. Substantial remedy is available to the

petitioner under the Code of Criminal Procedure.

5. We do not find it appropriate to grant the second

prayer. Hence, for all these reasons, the petition is dismissed.

Pending miscellaneous application is disposed off.

                                                    ( Ravi Malimath )
                                                   Acting Chief Justice




                                                  ( Jyotsna Rewal Dua )
         August 05, 2021                                 Judge
          (Yashwant)