SUSHILA DEVI Vs. STATE

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C. for issuance of writ of Mandamus directing the CBI to conduct proper investigation in FIR No. 179/04 registered at P.S. Usman Pur.

(2.) The learned counsel for the petitioner has urged that the police has not conducted a free and fair investigation in the case and it is imperative in the interest of justice that the matter should be investigated by CBI. Reliance has been placed on J. Prabhavathiamma vs. State of Kerala & Ors, 2008 CrLJ 455.

(3.) On the contrary, the learned counsel for CBI has submitted that the charge sheet has already been filed in the matter and investigation of the case was transferred to DIU at the instance of the complainant and now there is no reason for the CBI investigation in the matter. It has been submitted that as the complainant was not satisfied by the investigation conducted by the police and DIU, she approached the Magistrate who has taken cognizance of her complaint and issued summons to the accused persons under Section 302/34 IPC and thus now the complainant cannot ask for investigation by CBI or any other agency in the same matter. Reliance has been placed on Sakiri Vasu vs. State of U.P. & Ors., 2008 2 SCC 409.