GURPAL SINGH AHLUWALIA, J.

1. This application under Section 482 of Cr.P.C. has been filed seeking a direction to the police to conduct fair and impartial investigation in Crime No. 350/2017 registered by Police Station Kampoo, Gwalior as well as for a directing the S.H.O. of concerning Police Station/investigating officer to get the injured medically examined by the Medical Board. The necessary facts for the disposal of the present application in short are that complainant Avneesh Sharma, lodged a police complaint on 31-7-2017 at Police Station Kampoo Distt. Gwalior, alleging therein that on 30-7-2017, at about 11:40 P.M., when he was returning back after leaving one Vikram Bhadauria, one swift car came there, and the applicant along with other co-accused persons alighted from the swift car and accusing that the complainant had killed the father of the applicant in the year 2008, the applicant, fired a gun shot on the complainant, causing injury on the back side of the head of the complainant. Another gunshot was fired, however, it missed. The co-accused Golu Parmar, fired another gunshot, but it also missed. Other co-accused persons were shouting that the complainant should not be spared. As Dheeru Bhargav and other persons came on the spot, and after noticing them, the accused persons, including the applicant went away. The police registered the F.I.R. in crime No. 350/2017 for offence under Section 307, 34 of I.P.C. The complainant was sent for medical examination.

2. The applicant made an application to the Superintendent of Police, Gwalior and the Collector, Gwalior to conduct a free and fair investigation and to get the complainant medically examined by a Medical Board, but as no heed was paid, therefore, the present application has been filed seeking aforementioned directions. The prayer of the applicant in the present case is as under:-

"It is, therefore, most respectfully prayed that the petition filed by the petitioner may kindly be allowed and issuing direction to respondents to conduct the fair and impartial investigation into matter and also to issuing the direction to the concerning S.H.O., Police Station Kampoo, to conduct medical examination of injured Avneesh Sharma @ Raja by the Medical Board Distt. Gwalior in connection with crime No. 350/2017 registered at P.S. Kampoo, Dist. Gwalior for offence punishable under Section 307, 34 of I.P.C., in the interest of justice."

3. It is submitted by the Counsel for the applicant, that free and fair investigation is the fundamental right of the accused, as guaranteed under Article 21 of the Constitution of India and therefore, it is obligatory on the part of the police to conduct the investigation from all necessary and possible angles. It is submitted that the complainant is an influential person being the leader of Congress Party and in connivance with the Doctors, a false M.L.C. has been got prepared to the effect that the complainant has suffered firearm injury, whereas in fact, no injury was sustained by the complainant. Thus, it was directed that the respondents may be directed to conduct the investigation in free and fair manner and further the complainant may be got medically examined by the Medical Board, Gwalior.

4. Per contra, it is submitted by the Counsel for the State that it has been alleged by the applicant, that the complainant has got the forged M.L.C. report prepared in connivance with the Doctor, however, the Doctor has not been made a party to this application. When an allegation of mala fide is made against a person, then he should have been made a party to this petition, in order to answer the allegations and in absence of necessary party, the petition is bad and is liable to be dismissed. It is further submitted that there is no allegation against the investigating officer, to prima facie show that the investigation in free and fair manner is not being done. The applicant by this application, merely seeks indulgence of this Court so that the c