Harvansh Singh vs State Of Uttarakhand And Others
2023 Latest Caselaw 427 UK

      HIGH COURT OF UTTARAKHAND AT
                NAINITAL
            Criminal Writ Petition No.118 of 2023


Harvansh Singh                                          ....Petitioner

                                Versus

State of Uttarakhand and Others                      ....Respondents

Present:-
             Mr. Mohd. Umar, Advocate for the petitioner.
             Mr. A.K. Bhatt, D.A.G. for the State.

                             JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

The petitioner seeks direction that the

investigation of FIR No.252 of 2022, under Section 272 IPC

and Sections 60(2) and 72 of the U.P. Excise Act, 1910, Police

Station Jaspur, District-Udham Singh Nagar, be transferred

to CBCID or any other police station and the investigation of

the case be made under the supervision of Senior

Superintendant of Police-Udham Singh Nagar.

2. Heard learned counsel for the parties and

perused the record.

3. According to the FIR, police had an information

that within choki at Fatrampur, Bhogpur Dam, certain

persons are manufacturing illicit liquor. Police reached at the

spot and found that illicit liquor was being manufactured.

But, it is the case in the FIR that the petitioner managed to

escape from the place of incident along with his two sons.

4. Learned counsel for the petitioner would submit

that the FIR is false; the petitioner apprehends that the

investigation is not fair, therefore, it be transferred to CBCID

or any other agency. He would submit that the Court had

sought instruction on this point from the learned State

Counsel.

6. Learned State Counsel would submit that the

investigation is being carried out by the police.

7. Learned counsel for the petitioner would also

submit that many persons have filed affidavit in support of

the writ petition. According to him, 33 persons of village have

given a representation to police also.

8. Does it mean that the petitioner is trying to

influence the investigation? Learned counsel for the petitioner

also referred to one affidavit of Jogendra Singh, who would

submit that the petitioner is innocent. Filing of such affidavit

may not be a ground to transfer investigation.

9. It is the case of manufacture of illicit liquor. The

petitioner seeks that the investigation may be transferred. The

grounds stated for transfer of investigation is that the

petitioner and his sons have falsely been implicated. Mere

assertions may not give any reason for this Court to consider

transfer of investigation. As stated, according to the police,

they found that illicit liquor was being manufactured and the

petitioner and his sons managed to escape from the place of

spot. Whether the averments made in the FIR is correct or

not, it falls within the domain of investigation. It is the

Investigation Officer, who would examine the credibility and

trustworthiness of the FIR. In fact, the FIR records that at the

time of recovery, a video was also prepared by the arresting

team.

10. Having considered, this Court is of the view that

there is no reason to transfer the investigation. Accordingly,

the petition deserves to be dismissed, at the stage of

admission itself.

11. The petition is dismissed in limine.

(Ravindra Maithani, J.) 20.02.2023 Ravi Bisht