IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Writ Petition No. 424 of 2009 Mr. Suraj Bhan … Petitioner Vs State of Uttarakhand & others … Respondents Sri A.Rab, learned counsel for the petitioner Sri S.S. Adhikari, learned A.G.A. for the State/respondent Nos. 1 to 3 Sri Shivam Sharma, Advocate, holding brief of Sri Pawan Mishra, learned counsel for the respondent Nos. 5 to 7 Coram : Hon’ble B.C. Kandpal, J. Hon’ble B.S. Verma, J. [(Judgment Per: B.C. Kandpal, J. (Oral)] By way of this writ petition, the petitioner who is the complainant in a case Crime No. 388 of 2008, under Sections 120B, 420, 467, 471 of I.P.C., State Vs Ravi Mittal & others has prayed for issuing the relief in the nature of mandamus directing the respondents to transfer the investigation off the aforesaid case from the police to the Central Bureau of Investigation or to any other higher ranking impartial and fair police official. 2. Heard Sri A. Rab, learned counsel for the petitioner, Sri S.S. Adhikari, learned A.G.A. for the State/respondent Nos. 1 to 3, Sri Shivam Sharma, Advocate, holding brief of Sri Pawan Mishra, learned counsel for the respondent Nos. 5 to 7 and perused the record. 3. After hearing learned counsel for the parties, we are of the view that in case, the petitioner has any grievance against the Investigating Agency, then he may approach to the appropriate authority for getting the investigation transferred from police agency to any other agency or any higher official of the police. 2 4. During the course of the argument Sri A. Rab, learned counsel for the petitioner has informed the Court that the petitioner in fact requested the Inspector General of Police to get the investigation transferred from present Investigating Officer to any other superior or impartial police official and the Inspector General of Police has assured him that the investigation shall be transferred. 5. In the light of the aforesaid circumstances, we are not inclined to interfere in the investigation part of the petition at this stage. However, in case, the petitioner has any grievance against any of the Investigating Agency, he can make a representation before the Director General of Police or any competent authority to get the investigation transferred from one agency to other. 6. With these directions, the petition is dismissed in- limine. (B.S. Verma, J.) (B.C. Kandpal, J.) 31.08.2009 RCP/ASWAL