- (1.) From the Writ Petition and the Counter Affidavit it appears that the petitioner, who is an advocate of this Court but is in Naini Jail since 4-12-2000 being main accused in Case Crime No. 439 of 1999 P.S. Naini District Allahabad under Sections 302, 286, 504 and 506 I.P.C., has come up with a number of prayers in this writ petition resorting to his constitutional remedies.
(2.) His main prayers are :- i) To quash the Report of the Investigating Officer, C.B.C.I.D. ii) To get the matter investigated afresh through an independent agency other than C.B.C.I.D., Allahabad Sector. iii) To command the Respondents to release him on bail for his medical check up and treatment as per advice of the doctors of Sanjay Gandhi Post- Graduate Institute of Medical Sciences, Lucknow as well as report of the doctors from the United States of America.
(3.) Sri R.P. Yadav, learned counsel appearing on behalf of the petitioner, confines this writ petition only to the relief No.(iii) aforementioned by highlighting that since Article 21 of the Constitution of India guarantees fundamental right to lead a meaningful life to its citizens as well as non-citizens both and the petitioner who is an advocate practicing in this Court, who has been falsely implicated due to enmity and political reivalry in the case in question is hovering between life and death due to liver cirrhosis and thus in the interest of justice keeping the humani?tarian aspect of the matter we should permit him to visit United States of America under the supervision of the State at his cost for the purposes of evaluation of his Liver Transplantation as advised by Dr. Ajay Khanna, M.D., Ph.D., F.R.C.S. Asstt. Profes?sor of Surgery of California, San diego (Annexure-4).;