Allahabad High Court
Ashok Kumar Garg vs Union Of India And 14 Others on 3 August, 2022
Bench: Ashwani Kumar Mishra, Rajendra Kumar-Iv
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 180 of 2022 Petitioner :- Ashok Kumar Garg Respondent :- Union Of India And 14 Others Counsel for Petitioner :- Saumitra Dwivedi Counsel for Respondent :- A.S.G.I.,Abhishek Gupta,G.A.,Sanjay Kumar Yadav Hon'ble Ashwani Kumar Mishra,J.
Hon'ble Rajendra Kumar-IV,J.
Petitioner's contention that investigation has not been fairly conducted and even statements were recorded of persons who were not even present are factual issues which can always be examined by the concerned Magistrate, if a protest petition is filed by the petitioner after the investigation is concluded with submission of closure report under Section 173(2) Cr.P.C.
It goes without saying that such factual issues would be examined and an appropriate decision would be taken by the Magistrate, expeditiously.
Since the investigation has already concluded, we decline the prayer made in the writ petition to refer the matter to any other Investigating Agency, at this stage.
Leaving it open for the petitioner to pursue appropriate remedy before the concerned Magistrate, this writ petition is consigned to records.
Order Date :- 3.8.2022 Ranjeet Sahu