The accused has no right to dictate the investigating agency or method of investigation, and the plea of alibi must be substantiated with cogent evidence.

ORDER :

This petition under Article 226 of Constitution of India has been filed seeking following relief(s):-

(i) The Hon’ble Court pleased to direct the Respondent No.1 for independent enquiry by the Gazetted Officer or CBI in respect of petition on the basis of material produced by the petitioner before this Hon’ble Court concerned with the petitioner and suitable action after the enquiry report.

(ii) The Hon’ble Court pleased to direct the respondent provide the protection of his life and liberty and order in respect of petitioner he not harassed by the police authority.

(iii) The Hon’ble Court may deem fit and proper in the facts and circumstances of the case.

(iv) The Hon’ble Court please to direct to respondent no.4 S.P. Sagar for Khatma proceeding after considering of statements given by the witnesses before the session court in the ends of justice.

2. It is submitted by counsel for petitioner that petitioner is a practicing Advocate. A false FIR No.103/2009 was registered by Police Station Baheriya, District Sagar for offence under Sections 307, 147, 148, 149, 294, 323, 324, 450, 506 of IPC. The name of petitioner has been falsely implicated because there are two fractions in the village and the petitioner is a counsel for some of the members of one fraction of village. It was falsely alleged that petitioner had assaulted Jai Singh by Lathis. It is submitted that on 06/05/2009, petitioner had appeared before the Civil Court and therefore, it is clear that he was not present on the spot. Affidavits were also given by some of the witnesses to show that he was not present on the spot but he was present in the Court. It is further submitted that by order dated 03/08/2009 passed by Co-ordinate Bench of this Court, arrest of petitioner in Crime No.103/2009 was stayed. It appears that charge-sheet was filed by Police against remaining accused persons. Witnesses have been examined and they have turned hostile and accordingly, it is submitted that no useful purpose would be served by compelling the petitioner to undergo the trial.

3. Per contra, petition is vehemently opposed by counsel for the State. It is submitted that as per the written information received from SHO, Police Station Baheriya, District Sagar, the case was fixed before the Trial Court on 30/09/2024 but the case has been adjourned. It is further submitted that since one of the injured has expired, therefore offence under Section 302 of IPC was added.

4. Heard learned counsel for the parties.

5. The present petition has been filed for quashment of FIR or for transfer of investigation to CBI mainly on the ground that petitioner is an active practitioner and on the date of incident, he was not present on the spot and he was present in the Court premises and had appeared in some of the cases.

6. So far as the ground of plea of alibi is concerned, it is required to be proved by accused by leading cogent evidence. Plea of alibi means that it was humanly impossible for the accused to remain present at the place of incident. As per FIR in Crime No.103/2009, incident took place in village Gidwani. Although counsel for petitioner was not in a position to point out the distance between village Gidwani and District Court Sagar but petitioner has filed a copy of news clipping published in Dainik Bhaskar on 07/09/2009 as Annexure-P/21, in which it is mentioned that the village Gidwani is situated at a distance of 10 Kms from the district headquarters. Therefore, it is clear that distance of village Gidwani is approximately 10 Kms from Sagar. From the FIR in Crime No.103/2009, it is evident that the incident took place on 06/05/2009 at about 10:30 AM.

7. Petitioner has relied upon some of the order-sheets of the Trial Court to show that he was present in the Court premises on 06/05/2009.

8. In the order-sheets which have been filed and were recorded by different Courts on 06/05/2009, time of recording the said order-sheets has not been mentioned except in order dated 06/05/2009 which is