NISHI TYAGI Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) By means of present criminal writ petition, the petitioner seeks a writ, order or direction in the nature of mandamus for transferring the investigation of Case Crime no. 42 of 2016, under Section 364 of IPC, Police Station, Prem Nagar, District Dehradun (State vs Unknown), from C.B.C.I.D., Garhwal Range to C.B.C.I.D., Kumaon Range. A further writ has been sought commanding respondent no. 1 to take decision on the representation so submitted by the petitioner (Annexure nos. 4 to 6 to the writ petition).

(2.) Heard learned counsel for the petitioner, learned counsel for the respondent State and perused the documents brought on record.

(3.) When the writ petition was taken up on 28.10.2016, and thereafter on 24.11.2016, the State was directed to file counter affidavit. Respondent State has filed counter affidavit, paragraph no. 10 of which is important in the context of decision of present writ petition. The same is reproduced here-in-below: