Prashant Kumar Agarwal, J. - (1.) Heard learned counsel for the parties.
(2.) The complainant-petitioner has filed this Criminal Writ Petition under Article 226 of the Constitution of India with a prayer to hand over the investigation of FIR No.37/2016 registered at Police Station Hindaun (District Karauli) for offence under Section 302 IPC to CBI or any other independent and impartial investigating agency as according to petitioner, who lodged the aforesaid FIR, the local police is not conducting the investigation in a fair and impartial manner and in protecting the person named in the FIR as accused.
(3.) Brief relevant facts for the disposal of this petition are that the dead-body of Shri Bhupendra Singh son of complainant-Shri Satyendra Singh was found in the early morning of 8.1.2016 on a railway track and upon information provided by a Constable of GRP Chowki, Hindancity Marg Report No.1/2016 under Section 174 Cr.P.C. was registered and inquiry was commenced. Thereafter, petitioner lodged FIR No.37/2016 on 12.1.2016 at Police Station Hindaun (District Karauli) for offence under Section 302 IPC alleging that Shri Dharmendra Panwar, Warden of Hostel in which deceased was residing, is responsible for the murder of his son. On the basis of the aforesaid FIR investigation was undertaken which is still pending. Dissatisfied with investigation by the local police, petitioner made some representations to higher police authorities from time to time. Even after representations made by the petitioner the person named in the FIR was not made accused and arrested, the present petition under Article 226 of the Constitution of India came to be filed with the aforesaid prayer.;