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2014 Supreme(All) 3503
ALLAHABAD HIGH COURT
Ravindra Singh, Vishnu Chandra Gupta, JJ.
Ashish Mishra - Appellant
Versus
State of U.P. - Respondent
Writ Petition No. 1333 (M/B) of 2014
Decided On : 04-09-2014
For the Appellant : L.P. Mishra and R.P. Shukla
For the Respondents: Zafaryab Jilani and A.A.G.
The main legal point established is that transfer of investigation should be based on sufficient evidence of unfair conduct by the investigating officer, and mere suspicion or allegations against police personnel do not warrant transfer of investigation.
Headnote:
Bias - Criminal Investigation - Section 302 IPC - Article 21 - Fair Trial - Fair Investigation - Apex Court Judgments
Fact of the Case:
The petitioner filed writ petitions seeking to quash the first information report and transfer the investigation to an independent agency, alleging bias and mala fide conduct by the police personnel. The father of the deceased implicated police personnel in the crime but later retracted his statement. The petitioner claimed innocence and unfair investigation due to his father's involvement as an advocate in a separate case.
Finding of the Court:
The court held that fair investigation is essential for a fair trial, but not every suspicion against police personnel warrants transfer of investigation. It found no evidence of biased or unfair conduct in the investigation. The court refused to quash the FIR or issue a mandamus against the arrest of the petitioner.
Issues: The issues revolved around the fairness of the investigation, the involvement of police personnel, and the petitioner's claim of innocence due to his father's legal involvement.
Ratio Decidendi: The court emphasized that transfer of investigation should be based on sufficient evidence of unfair conduct by the investigating officer. Mere suspicion or allegations against police personnel do not warrant transfer of investigation.
Final Decision: The court dismissed both writ petitions, vacated the interim order, and directed the petitioner to apply for bail if he appears before the court within 30 days.
1. The abovementioned writ petitions have been filed by petitioner Ashish Mishra son of Sri. Aran Kumar Mishra, who is accused in Case Crime No. 72 of 2014, under Section 302 IPC, Police Station Gomati Nagar, District Lucknow relating to murder of Vijay Pandey alias Ashish Mishra and Rohit. In Writ Petition No. 1333 (M/B) of 2014, the relief sought is for quashing of the first information report by issuing a writ of certiorari and further for issuing mandamus against the opposite parties not to arrest the petitioner.
2. In Writ Petition No. 7146 (M/B) of 2014, the relief sought is for issue a writ of certiorari quashing the order whereby the application moved by the mother of the petitioner to transfer the investigation to CBCID or any other independent agency, has been rejected by the Principal Secretary (Home) and further to issue a mandamus to the opposite parties to transfer the investigation of the abovementioned case to CBCID or other independent investigating agency to ensure fair and judicious investigation. In this writ petition, the mandamus sought by the petitioner for directing the opposite parties not to arrest him, the similar relief has already been sought by the petitioner in Writ Petition No. 1333 (M/B) of 2014.
3. We have heard Dr. L.P. Mishra, Senior Advocate assisted by Sri. R.P. Shukla, learned counsel for the petitioner and Sri. Z. Jilani, learned Additional Advocate General for the State of U.P.
4. It has been submitted by Dr. Mishra, learned counsel for the petitioner that according to the first information report lodged by Anuj Yadav, the owner of the house, his tenants namely Vijay Pandey and Rohit were murdered but he was not disclosing the name of any person as accused. The incident was occurred in the night of 28/29.01.2014 at about 01: 30 a.m. It has also been submitted by Dr. Mishra that Sushil Kumar Mishra, the father of the deceased Vijay Pandey alias Ashish Mishra came on the next day on the basis of information conveyed by the police of P.S. Gomati Nagar, District Lucknow. Thereafter, he handed over an application on 30.01.2014 suspecting the murder of his son by police personnel, namely, Ram Swaroop Verma, Inspector, Anupam Singh Sub-Inspector and Constable Bindu Lal Bind, who were posted at PS. Jhunsi, District Allahabad at the relevant time. They were instrumental in making his son criminal and they were intending to eliminate him. In his application, he also mentioned that out of fear of these police personnel, his son was residing at Lucknow after concealing his identity. This application dated 30.01.2014 was entered in the general diary of P.S. Gomati Nagar, District Lucknow. The father of the deceased again moved an application on 03.02.2014 stating therein that in the night of 28/29.01.2014 his son Ashish Kumar Mishra and Rohit were murdered in House No. 175-A, Vishal Khand, Gomati Nagar. His son was residing in that house, out of fear of his opponents after changing the name and address as Vijay resident of Gorakhpur. It has also been mentioned in the application that there was a dispute regarding transaction of money with Ashish Mishra alias Monguli son of Sri. Aran Mishra, Ankit Dubey, Sumit Shukla alias Achyutanand Shukla and Anuj Singh. All the aforesaid four persons used to come along with his son in his house as they were the friends of his son but after dispute of transaction of money, they become inimical with his son and were searching to kill him. Out of fear of these persons, his son Ashish changed his name and address and started residing at Lucknow. For this reason, all the four persons have committed the murder of his son Ashish Mishra and Rohit. On 04.02.2014, the police apprehended Ankit Dubey. The complicity of these four persons was disclosed which was referred in the case diary prepared by I.O. in the parcha No. 4 dated 03.02.2014. After arrest, Ankit Dubey made a confessional statement involving three persons, namely, Ashish Mishra alias Monguli, Sumit Shukla
