IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Writ Petition No. 541 of 2010 Gulfam …Petitioner Versus State of Uttarakhand and others …Respondents Mr. Narendra Bali, Advocate for the petitioner Mr. S.S. Adhikari, A.G.A. for respondent nos. 1 & 2 Hon’ble B.C. Kandpal, J. Hon’ble Nirmal Yadav, J. By means of this writ petition under Article 226 of the Constitution of India the petitioner has prayed for issuing a writ in the nature of mandamus commanding respondent no. 1 i.e. State of Uttarakhand through Secretary Home Uttarakhand, Dehradun, to transfer the investigation of case crime no. 194 of 2010, under Sections 147, 504, 506, 307, 323, 332, 353 I.P.C. P.S. Jwalapur, District Haridwar, from the police to any other independent agency. 2- Heard Mr. Narendra Bali, learned counsel for the petitioner, Mr. S.S. Adhikari, learned A.G.A. for respondent nos. 1 & 2 and perused the record. 3- A First Information Report was lodged against the petitioner and some other persons stating therein that they assaulted the police patrolling party on 13/14-6- 2010 in the night at about 00.45 hours. As per the petitioner, the allegations levelled in the First Information Report are absolutely false and fabricated. The police during the investigation of the case is unnecessarily 2 harassing the petitioner, hence, he has no hope for fair investigation of the case. Hence, the writ petition. 4- Having considered the arguments advanced by learned counsel for the parties, we are of the view that it is not a case in which the investigation can be ordered to be transferred to some other agency. There is no allegation in the F.I.R. that police is not properly investigating the case. We, therefore, do not find any merit in this petition. Accordingly, there is no justification in issuing any writ in the nature of mandamus at this stage. However, we direct respondent no. 2 i.e. S.S.P. Haridwar to depute any senior officer not below the rank of Inspector of Police, to investigate the said case. 5- With the aforesaid observation, the petition is finally disposed of. (Nirmal Yadav, J.) (B.C. Kandpal, J.) 08-07-2010 SP