- (1.) R. K. Rastogi, J. The present petition has been filed for the relief of a writ of mandamus commanding the respondent to transfer the investigation in case crime No. 271 of 2007 under Section 394/302, I. P. C. , P. S. Chetganj Varanasi to another independent agency.
(2.) IT is a case of robbery in which the assailants shot dead the owner of petrol pump and decamped with the bag containing sale proceeds and in connection with the said incident, F. I. R. was lodged on 19. 11. 2007. Subsequently, in the course of investigation, the involvement of the petitioner transpired. The petitioner has attributed his involvement to the hostility of police and proximity of the complainant with the police. The only ground urged in support of his contention that the petitioner has no hope of fair and impartial investigation by the local Police. In connection with the above submissions advanced across the bar, we feel called to advert to the proposition of law laid down in C. B. I, and another v. Rajesh Gandhi and another, 1997 Cr. L. J. 63 (para 8) in which the pith of what has been held is that no one can insist that an offence be investigated by a particular agency. The said decision has been cited with approval in a recently decision delivered on 7. 12. 2007 the Apex Court in Criminal Appeal No. 1685 of 2007, Sakiri Vast/v. State of U. P. and others, 2008 (1) ADJ 149 (SC), has observed that the High Court should ordinarily refuse to interfere in such matters. In para 30 of the aforesaid decision it is observed that by the Apex Court that if a person is aggrieved that a proper investigation has not been made by the officer Incharge of the concerned police station such aggrieved person can approach the Supdt. of Police or other police officer superior in rank to the officer Incharge of the Police station and such superior officer can if he so wishes do the investigation.
(3.) REVERTING to the facts of the present case, the only ground urged in support of the prayer for transferring the investigation is that he has been falsely implicated in the case and further that he has no faith in the investigation being conducted by the local police. There is no tangible material or extra- ordinary ground pressed before us warranting interference by this Court. In the above perspective, the petition is bereft of merit and is accordingly dismissed. Before parting, it need hardly be said that the petitioner would be at liberty to approach the appropriate authorities in police hierarchy under Section 36 Cr. P. C. and in case any such application is made within 10 days from the date of receipt of a certified copy of this order, the same shall be disposed of by the S. S. P. Varanasi by a reasoned order within one month next thereafter. .;