THE HONOURABLE SRI JUSTICE N.TUKARAMJI

WRIT PETITION No.13006 OF 2018

O R D E R:

This Writ Petition is filed under Article 226 of

Constitution of India seeking the following relief/s:- “…to issue a writ or writs or order or orders one more particularly in the nature of Writ of Mandamus to declare the unfair investigation being conducted in FIR No.268/2018 dated 06/04/2018 by 4^th Respondent in collusion with the un-official Respondent and action of 4th and 5th Respondents in harassing the Petitioner as illegal, arbitrary and unconstitutional and consequently direct 2nd Respondent to transfer FIR No.268/2018 dated 06/04/2018 on the file of 4^th Respondent to 6th Respondent for conducting further

investigation/ reinvestigation and be pleased to pass…”

2. None appeared on behalf of the petitioner.

3. Heard Mr. D.Pradeep, learned Assistant Government

Pleader for Home appearing for respondent Nos.1 to 6.

4. Learned Assistant Government Pleader for Home submits that Crime No. 268 of 2018 was duly investigated, and a final report was filed on 17.08.2019 before the Court of the II Metropolitan Magistrate, L.B. Nagar, classifying the case as “lack of evidence.” It is therefore submitted that, in view of the completion of investigation and filing of the final report, the grievance raised by the petitioner no longer

survives for adjudication. Hence, it is prayed that the petition be dismissed.

5. I have perused the material placed on record.

6. The petitioner contends that the investigation conducted in Crime No. 268 of 2018 was unfair and incomplete, and therefore seeks a transfer of investigation and a direction for further investigation or re-investigation. However, the submission made by the learned Assistant Government Pleader for Home makes it evident that the investigation has already been completed and a final report has been filed before the competent Magistrate, who is now seized of the matter.

7. In view of this factual position, the request of the petitioner for transfer of investigation cannot be considered at this stage. Nevertheless, it is clarified that the petitioner is at liberty to pursue appropriate remedies in accordance with law before the learned Magistrate concerned, including raising any objections to the final report or seeking appropriate directions under the relevant provisions of the Code of Criminal Procedure, 1973/Bharatiya Nagarik Suraksha Sanhita, 2023.

8. With the above observation and liberty, this Writ Petition is dismissed as infructuous. There shall be no order as to costs.

Miscellaneous Petitions, pending if any, shall stand closed.

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N.TUKARAMJI, J Date: 25-11-2025 dpm THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.13006 OF 2018 Dated: 25.11.2025 dpm