ORDER

This application under Section 528 of BNSS has been filed seeking fair investigation in Crime No.98/2025 registered at Police Station Morar, District Gwalior. The applicant is an accused against whom investigation is pending.

2. It is submitted by counsel for applicant that complainant had got a forged medical certificate from private hospital, therefore, he had made a request to Superintendent of Police, Gwalior to get the complainant examined by medical board. Since no action is being taken by Superintendent of Police, Gwalior therefore, this application has been filed.

3. The moot question for consideration as to whether the accused has any right to seek investigation in a particular manner or not?

4. The Supreme Court in the case of Romila Thapar and others vs. Union of India and others reported in (2018) 10 SCC 753 has held as under:-

“24. Turning to the first point, we are of the considered opinion that the issue is no more res integra. In Narmada Bai v. State of Gujarat, in para 64, this Court restated that it is trite law that the accused persons do not have a say in the matter of appointment of investigating agency. Further, the accused persons cannot choose as to which