RUPESH KUMAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri B.K. Singh Raghuvanshi, learned counsel for the petitioners and Sri Ajit Kumar Singh, learned Additional Advocate General assisted by Sri Saghir Ahmad, learned AGA for the State.

(2.) The instant writ petition has been filed by the petitioners Rupesh Kumar Singh and Shiv Shankar Singh who are accused in Case Crime No.1604 of 2010 under Sections 167, 220 IPC and Case Crime No.1605 of 2010 under Sections 21/22 Narcotics Drugs and Psychotropic Substances Act, 1985, registered by Anti Corruption Cell, Varanasi, at Police Station Kotwali, District Jaunpur with the prayer that a writ of mandamus be issued directing the Investigating Agency to duly investigate the aforesaid cases fairly and consider the materials produced by the petitioners before them. A further prayer has been made for issuing a writ, order or direction in the nature of mandamus directing respondent nos.2 and 3 to change the Investigating Officer and get the matter re-investigated by giving an opportunity to the petitioners and considering the materials/evidence produced by them before the Investigating Officer of Anti Corruption Cell, Varanasi and to pass appropriate order/direction on the application of the petitioners moved for permitting them to produce the material in support thereof before the Investigating Officer and consider the same during course of investigation.

(3.) A preliminary objection has been raised by Sri Ajit Kumar Singh, learned Additional Advocate General appearing for the respondents that the petitioners being accused have no right to have any say as regards manner and method of the investigation.