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2016 Supreme(UK) 30
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
U.C. Dhyani, J.
Smt. Maldai - Petitioner
Versus
State of Uttarakhand and others - Respondents
Criminal Writ Petition No. 130 of 2016
Decided on : 03.02.2016
Advocate Appeared:
Mr. Dinesh Kumar Tyagi, for the petitioner
Mr. H.S. Rawal, Mr. Milind Raj, for the State/respondents
The court has the authority to direct the change of the Investigating Officer to ensure a fair investigation.
Headnote:
Investigation - Change of Investigating Officer - The court directed the Station House Officer to change the Investigating Officer of the case to ensure a free and fair investigation.
Fact of the Case:
The petitioner sought a writ to transfer the investigation of an FIR due to grievous injuries sustained by the injured and the accused not being arrested.
Finding of the Court:
The court disposed of the writ petition by directing the change of the Investigating Officer to ensure a fair investigation.
Issues: The issue was the request to transfer the investigation of the FIR to another agency due to the nature of the injuries and the accused not being arrested.
Ratio Decidendi: The court found it necessary to change the Investigating Officer to ensure a fair investigation in the circumstances of the case.
Final Decision: The court directed the Station House Officer to change the Investigating Officer of the case.
U.C. Dhyani, J.
1. By means of present writ petition, the petitioner seeks the following relief, among others:-
“Issue a writ, order or direction in the nature of mandamus commanding/directing the respondent no.1 to transfer the investigation of FIR dated 07.01.2016, being FIR No. 13 of 2016, Under Sections 324 & 506 of IPC, lodged at R.O.P. Rampura, PS Kotwali Rudrapur, District Udham Singh Nagar to any other investigation agency.”
2. It is the submission of learned counsel for the petitioner that despite grievous injuries being sustained by the injured, the FIR is filed only under Sections 324 and 506 of IPC and the accused has not been arrested so far.
3. The innocuous prayer of learned counsel for the petitioner is that the investigating officer of the case should be changed.
4. Learned AGA is not averse to the said prayer of learned counsel for the petitioner.
5. In the facts and circumstances of the case, the writ petition is disposed of by directing the Station House Officer/Respondent No. 2 to change the Investigating Officer of the case to ensure that free and fair investigation is made.
6. Both the applications (IA No. 708 of 2016 as well as CLMA No. 809 of 2016) also stand disposed of.
