Ahsan Ansari vs State Of Uttarakhand And Others
2023 Latest Caselaw 594 UK

 HIGH COURT OF UTTARAKHAND AT NAINITAL

       Writ Petition (Criminal) No. 1594 of 2021

Ahsan Ansari                                         ...Petitioner

                              Versus

State of Uttarakhand and others                  ...Respondents

Present:-
            Mr. Bilal Ahmed, Advocate for the petitioner.
            Mr. Lalit Miglani, A.G.A. for the State.
            Mr. Lalit Sharma, Advocate for the CBI.

                                 JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

By means of instant writ petition, the petitioner

seeks the following reliefs:-

(a) Issue a writ order or direction in the nature of Mandamus directing the respondents to change the investigating of Case Crime No. 265 of 2020 under Section 354, 504, 506, 509, 120-B IPC & 43, 66 of IT Act P.S. Kotwali Jawalapur, District Haridwar and hand over the inquiry to CBI.

(b) Issue any other order or direction which this Hon'ble Court to may deem fit and proper in the circumstances of the case.

(c) Award cost of the petition.

2. Heard learned counsel for the parties and

perused the record.

3. Learned counsel for the petitioner would submit

that the petitioner has been wrongly named in the FIR. He

was not present at the place of incident, as alleged in the

FIR. His location was at some other place.

4 Learned State counsel would submit that in the

instant case, charge sheet has already been filed under

Section 354, 504, 506, 509, 120-B IPC and Sections 43,

665 of the Information Technology Act, 2000.

5. The petitioner wanted change of investigation,

but investigation has already been completed and charge

sheet has been filed. Therefore, nothing survives in this

petitioner. It deserves to be dismissed.

6. The writ petition is dismissed.

(Ravindra Maithani, J.) 13.03.2023 Jitendra