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Ashok Kumar v. State Of U.P. And Others - CRIMINAL MISC. WRIT PETITION No. 14243 of 2006 [2006] RD-AH 20610 (6 December 2006)


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Hon. Sushil Harkauli,J

Hon. Pankaj Mithal,J

It is alleged in the FIR initially lodged at Ghaziabad that the petitioner who is in the police service of Delhi, along with some others abducted the two victims in a Car from Ghaziabad took them to Delhi and killed those two deceased persons in an alleged encounter in Delhi. The FIR was lodged under sections 302 and 364 IPC i.e., abduction and murder. The investigation has been transferred from Ghaziabad  to the Delhi Police.

The petitioner is named accused in the FIR. He has filed this writ petition with the prayer that the investigation regarding abduction should be transferred from Delhi Police to Ghaziabad Police and investigation  by the Delhi Police should be stayed.

Firstly the forum of investigation is not something in which the accused can have such a vital interest as to invoke the extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India.

Moreover, we are not able to agree with the submission of the learned counsel for the petitioner that the two offences under sections 302 and 364 IPC should be investigated separately because the abduction "started" in Ghaziabad while the alleged murder took place in Delhi. It is one single transaction of abduction for the purpose of murder and separate investigation would cause serious prejudice to the investigation and prosecution. Moreover, when several offences form part of one transaction they can be investigated by the police of one place. Apparently, abduction was for the purpose of murder and therefore the dominant offence is the murder for which the Delhi Police have jurisdiction.  The two decisions relied upon by the learned  counsel for the petitioner namely Upkar Singh Vs. Ved Prakash and others  2005 SCC (Crl) 211 and the unreported decision dated 21.11.2005 in writ petition No. 1150 of 2005 Anil Kumar Vs. State of U.P., will not apply in this case,  in view of what has been stated above. The writ petition is accordingly dismissed.




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