IN THE HIGH COURT OF UTTARAKHAND

AT NAINITAL

Criminal Writ Petition No.784 of 2010

Nar Singh Narayan Dube

……Petitioner

Versus

State of Uttarakhand and others

.…Respondents

Hon’ble Prafulla C. Pant, J.

Hon’ble Nirmal Yadav, J.

Sri Birendra Singh Adhikari, Advocate present for

the petitioner.

Sri

S.S.

Adhikari,

A.G.A.

present

for

the

State/respondents.

By means of this petition moved under Article 226

of the Constitution of India, the petitioner has sought a writ in

the nature of mandamus commanding the respondent No. 1

for taking decision on the representation (annexure No.8 to

the petition) for transfer of investigation of Crime No.788 of

2006, Police Station Kotwali Nagar, Haridwar to the Central

Bureau of Investigation.

Heard.

Perusal of the papers on record shows that one

Jagan Nath Tiwari (not impleaded as party) lodged first

information report against accused namely Satya Prakash,

Amit Kumar, Pappu and Anil Kumar (None impleaded as party

in the writ petition), relating to the offences punishable under

section 302, 394 IPC at police station Kotwali Nagar, Haridwar

which was registered as Crime No.788 of 2006. Annexure No.3

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to the writ petition further shows that after investigation,

police submitted chargesheet against Staya Prakash, Amit and

Pappu, and they are facing trial. Copy of order dated

19.08.2009 passed by this Court in Writ Petition (Criminal)

No.337 of 2008 (copy of annexure No.7 to the writ petition)

shows that earlier also the present petitioner filed a writ

petition with the prayer that the investigation be transferred to

CBI. The said writ petition was dismissed by this Court after

hearing the parties. However, it is observed while dismissing

the petition that petitioner may make representation to the

State Government.

The representation made by the petitioner, is not

under any Statute.

Having gone through the papers on record and

after considering the submissions of learned counsel for the

parties, this Court is not inclined to issue any mandamus

sought by the petitioner in this petition. Accordingly, without

prejudice of the rights of the parties, this writ petition is

summarily dismissed.

(Nirmal Yadav, J.) (Prafulla C. Pant, J.)

JKJ 16.09.2010

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