BONY @ ANUPAM YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) PRESENT petition is directed against the order dated 29.3.2014 passed by 1st Additional Sessions Judge, Sagar in S.T. No. 115/2014 by which application of petitioner under Section 173(8) of Cr.P.C. (in short Cr.P.C.) was dismissed and also prayed for direction for further investigation by C.B.I.

(2.) BRIEF facts of the case are that, on 16.10.2012 at about 5.30 p.m., while Manoj Yadav who happens to be an Advocate (since deceased) was going on a bike with Golu @ Jitendra Yadav and reached on Testing Road near Shreeram Mandir, petitioners chased them and made a quarrel. Petitioner Bony shot at the revolver and remaining other persons helped him. Petitioners are facing a trial under Section 302 of IPC in the matter.

(3.) PLACING reliance on : AIR 2010 SC 1476 - State of West Bengal and others Vs. Committee for Protection of Democratic Rights, West Bengal and others, learned counsel for petitioners submits that if investigating agency under pressure under undue influence of some extraneous consideration then investigation should be directed to be done by independent agency i.e. C.B.I. Further submits that petitioner has no faith in independence of local Police because it was working under undue influence of lawyers hence investigation should be done by independent agency.