RAVINDER KUMAR ALIAS RAVI v. STATE (GNCT OF DELHI)
2007-10-22
Shiv Narayan Dhingra
body2007
DailyLaw.ai
( 1 ) THIS petition has been made by the petitioner under Article 226 of constitution of India making a prayer that this Court should give directions to respondents to initiate further fair and impartial investigation by any other agency of Delhi Police like DIU, Crime or Vigilance. ( 2 ) BRIEF facts for the purpose of deciding this case are that a case under sections 307/506/452/120 read with section 34 IPC was registered against the petitioner vide FIR No. 263/07 on 2. 8. 07 at P. S. Mandir Marg. The petitioner initially absconded and made an application to the higher police officials for fair investigation, but himself did not join the investigation. Ultimately, when he failed to obtain anticipatory bail, he surrendered before the Court on 21. 9. 07. Charge sheet in this case has already been filed after investigation. The petitioner claims that investigation done by the police was not fair and proper and has been falsely implicated. This Court should pass directions for further investigation under section 173 (8) Cr. P. C. by the DIU or crime Branch so that the investigation was fair and proper. ( 3 ) THE petitioner is facing trial before the Court of MM. If he has any material with him which reflects that the investigation was not done fairly and properly, he is at liberty to make proper application before the court concerned under section 173 (8) and can also submit the material before the court concerned. On the basis of allegations of false involvement, re-investigation in the case cannot be ordered in exercise of powers under Article 226 of Constitution of India. I find no force in this petition. The petition is hereby dismissed.