The court upheld the legitimacy of prior police investigations and allowed the petitioner to pursue remedies under the law.

JUDGMENT

The Writ Petition (Crl.) is filed seeking the following reliefs:

“i. Issue a writ, order or direction in the nature of mandamus directing the 3rd respondent or CBCID or any other investigating agencies to conduct a proper reinvestigation in a fair, effective and proper manner in Exhibit P1 FIR;

ii. To Set aside Exhibit P4 Final report;

iii. Issue a writ, order or direction in the nature of mandamus directing the 1st and 2nd respondents to monitor reinvestigation being done afresh in Exhibit P1 FIR;

iv. This Honourable Court may be pleased to dispense with filing of the English translation of vernacular documents as per order dated 04.08.2022, A N D v. And to issue such other reliefs as this Honourable Court may pleased, deem fit and proper in the circumstances of this case.” [SIC]

2. The petitioner is an accused in Crime No.1029 of 2023 of Chavara Police Station. The above case is registered against the petitioner alleging offences punishable under Sections 279 and

304(A)of the Indian Penal Code, 1860 ( IPC ). The prosecution case is that on 24.06.2023, the accused was driving the vehicle in a rash and negligent manner and hit the motor cycle driven by one Mr.Dileep causing both the vehicles to fell on the road and caused injuries to the rider and consequently Mr.Dileep succumbed to the injuries.

3. According to the petitioner, originally the FIR was registered arraying the deceased Mr.Dileep as an accused. Subsequently, the petitioner is added as an accused. The petitioner submits that the investigation conducted is not proper.

4. The learned Public Prosecutor submits that even though in the FIR, the deceased was arraigned as an accused, in the subsequent investigation, after perusing the CCTV footage, etc., found that the petitioner was negligent. That is why the case is charge sheeted against the petitioner.

5. This Court considered the contentions of the petitioner.

Admittedly, the petitioner is an accused now in S.T. No.493 of 2023 on the file of the Gram Nyalaya Court, Chavara. According to the petitioner, a further investigation is necessary in this case because the deceased in the case was negligent. If that is the case, the petitioner has got remedy as per BNSS. He can file a private complaint, if necessary, narrating his case. Moreover, he can raise a defence in the pending case that the deceased was negligent. This Court need not interfere in the investigation already conducted by the police invoking the powers under Section 226 of the Constitution of India.

Granting liberty to the petitioner do the needful in accordance with law. The writ petition is disposed of.