BHOLARAM LODHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS petition has been filed under Article 227 of the Constitution of India for handing over the investigation of crime No. 170/2010 registered at police station Jamner, District Guna on the ground of involvement of some police officials in the case as the petitioner-complainant did not expect fair investigation against the accused by the police of the local area.

(2.) LEARNED counsel for the petitioner has submitted that the apprehension of the petitioner is not groundless because the SDO(P) has recommended final report against the police authority and sent it for approval of the Superintendent of Police. 2 W.P. No. 49/2011

(3.) LEARNED Government Advocate for the State has also cited judgment of the Hon'ble Apex Court in the matter of K. Vidya Sagar Vs. State of U.P. and Ors. reported in (2005) 5 SCC 590 in which it has been held that if the main grievance of the petitioner for taking criminal action against the respondents stand redressed by investigation of the crime through CBI under order of the High Court then SLP for grievance against the investigation made by the CBI cannot be entertained.