(1) M. Cr.C. No. 4056 of 2011 01/12/2011 Shri Rakesh Kumar Sharma and Shri V. K. Agrawal, Advocates for petitioner. Shri Anil Kumar Shrivastava, Panel Lawyer for respondents/ State. Shri Shailendra Dwivedi, Advocate for complainant- Abhishek Raghuvanshi. With the consent of both the parties, matter is finally heard. Invoking the extraordinary jurisdiction of this Court conferred under Section 482 Cr.P.C. this petition has been filed by petitioner Gopalsingh Raghuvanshi, seeking a direction for transfer of investigation of Crime No.349/2011 registered at Police Station Kotwali, District Ashok Nagar to any independent Police Officer other than the District of Ashok Nagar. Facts of the case, in brief, are that the petitioner filed an application in Kotwali, Ashok Nagar on 25/05/2011 that an agreement was executed by Ranjeetsingh Raghuvanshi, Pahalwansingh Raghuvanshi, Ashishsingh Raghuvanshi and Suny Taneja with him and whereby they agreed to sale the land owned by them in survey nos.313 and 316, situated at village Padariya, District Ashok Nagar and they also represented the petitioner that they are owners of total area (2) M. Cr.C. No. 4056 of 2011 34,500 sq. ft in the above land. The petitioner came to know that he was cheated by above persons because they were not the owners of area 34,500 sq. ft in the above said survey numbers. Therefore, he filed a complaint to the police station Kotwali, District Ashok Nagar on the basis of which, an FIR was registered on 02/06/2011 at Crime No.349/2011 (Annexure P/1) for the offences punishable under Sections 420, 467, 468 and 120-B of Indian Penal Code. It has been argued by learned counsel for the petitioner that now, the petitioner came to know that police have shaken hands with the accused persons of the above Crime No.349/2011 and are trying to save them. Therefore, it has been prayed that investigation of Crime No.349/2011 registered at Police Station Kotwali, District Ashok Nagar be transferred to any independent Police Officer other than the District of Ashok Nagar. It has also been argued by learned counsel for the petitioner that it was within the knowledge of the police that on the FIR lodged by the petitioner at Crime No.349/2011 has been registered but without any enquiry and without any documentary evidence, the police officer registered an FIR at Crime No.358/2011 on 05/06/2011 against the petitioner and one other Dilipsingh Raghuvanshi, which shows mala fide intention of the police because due to influence of opposite (3) M. Cr.C. No. 4056 of 2011 party because they are very influential persons and due to their influence, police Kotwali, District Ashok Nagar is not investigating the case fairly, independently and impartially and also trying to file Final Report under Section 169 of Cr.P.C. in Crime No. 349/2011 in favour of accused persons. It has also been argued that the petitioner has made several representations (Ex.P/7 to P/10) to the higher police officers, but no heed has been paid towards him. Hence, it has been prayed that investigation of Crime No.349/2011 registered at Police Station Kotwali, District Ashok Nagar be transferred to any independent Police Officer other than the District of Ashok Nagar. It has also been argued that the report was lodged on 25/05/2011 by the petitioner at police station Kotwali, District Ashok Nagar and Crime No.349/2011 was registered on 02/06/2011 with delay of eight days while on the complaint of Abhishek Raghuvanshi, FIR at Crime No.358/2011 was registered against the petitioner and one other Dilipsingh Raghuvanshi on 05/06/2011 at police station Kotwali at about 23:45 in the night, which shows that the police were highly interested in the complaint of Abhishek Raghuvanshi and without any inquiry, FIR was registered. Hence, it has been prayed that investigation of Crime No.349/2011 registered at Police Station Kotwali, be transferred to any (4) M. Cr.C. No. 4056 of 2011 independent Police Officer other than the District of Ashok Nagar. In reply, it has been argued by learned Panel Lawyer for respondents/ State as well as learned counsel for complainant that the investigation of Crime No.349/2011 is complete. Final report has already been submitted. The Police Officials have acted properly in this respect and no partiality has been made by them in the investigation. The allegations of partiality are false. Therefore, there is no ground for transfer of investigation of Crime No.349/2011 registered at Police Station Kotwali to any independent Police Officer other than the District of Ashok Nagar. The prayer of the petitioner is against the law. Hence, this petition deserves to be dismissed accordingly. Considered the arguments and perused the Case Diary. From perusal of the Case Diary, it reveals that the complaint filed by the petitioner Gopalsingh Raghuvanshi which was registered at Crime No.349/2011 at Police Station Kotwali has been enquired and after conclusion of relevant evidence, no offence has been found against the accused persons, namely, Ranjeetsingh Raghuvanshi, Pahalwansingh Raghuvanshi, Ashishsingh Raghuvanshi and Suny Taneja. Final Report under Section 169 of Cr.P.C. has already been (5) M. Cr.C. No. 4056 of 2011 submitted. Despite it, from the perusal of Case Diary, it reveals from the record that proposed accused persons were having an area of 53,607 sq ft. land in survey nos.313 and 316 and they are owners of it. According to Section 154 of Cr. P.C., the police officer is duty bound to record the FIR with promptness. Hence, there is no force in the arguments that why it has been recorded in the late night. The Crime Nos. 349/2011 and 358/2011 are registered on the report of different persons. Hence, at the time of registration of FIR, the defence of the other party cannot be considered. From the perusal of this petition filed on 15/06/2011 and from the perusal of Case Diary, it reveals that Final Report has already been submitted on 07/06/2011. Prior to filing of this petition, investigation has been completed. The petitioner has moved this Court for transfer of investigation due to mala fide reasons only, but there is no substance in the arguments of the petitioner. The petitioner's has remedy of objection at the time of sanction of FIR. He may also file private complaint or adopt any other remedy of his choice. Hence, there is no ground for the transfer of investigation of Crime No.349/2011 registered at Police Station Kotwali to any independent Police Officer other than the District of (6) M. Cr.C. No. 4056 of 2011 Ashok Nagar. Therefore, this petition, being devoid of merits, is hereby dismissed accordingly. (I.S.Shrivastava) Judge mkb/-