IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (CRL) No. 552 of 2009 Majid Ahmed …Petitioner Versus State of Uttarakhand & Ors …Respondents Sri M.K. Ray, learned counsel for the petitioner. Sri Prabhakar Joshi, learned brief holder for the State. Dated: 19.11.2009 Hon’ble B.C. Kandpal, J. Hon’ble V.K. Bist, J. By way of this petition, under Article 226 of the Constitution of India, the petitioner has prayed for issuing a writ in the nature of mandamus directing the respondents to give the investigation of the case to any other independent/impartial- investigating agency. Heard Sri M.K. Ray, learned counsel for the petitioner and Sri Prabhakar Joshi, learned Brief Holder for the State/respondents. The record reveals that first information report was lodged on the complaint of the petitioner at police station Rudrapur, district Udham Singh Nagar on 21.05.2009 pertaining to the offences under Sections 325, 504 and 506 IPC. It has further been contended by the petitioner that the police has not properly investigated the matter and has submitted the charge sheet by implicating the petitioner as an accused therein. The counter affidavit has been filed by the State in which the statement of certain witnesses have been annexed including the statement of Dr. Farid, who has stated before the investigating officer that he conducted the operation of the complainant-Mazid and Mazid paid the money to him for this operation. The police on the basis of the aforesaid investigation has submitted the charge sheet against the four persons. Having considered the argument advanced by learned counsel for the parties and after perusal of entire material 2 available on record, we are of the view that this Court is not supposed to interfere in the work of the investigating agency unless it is found that the investigation is perverse or some mischief has been played by the investigating agency. In case if the petitioner has any grievance against filing of the charge sheet, he may approach the trial court where the matter is now to proceed and the trial court shall decide the matter in accordance with law. We do not find any ground to issue a writ in the nature of mandamus commanding the respondents to transfer the investigation to any other agency especially when the charge sheet has already been submitted in the case. The petition is devoid of any merit and is liable to be dismissed. However, we feel that in case the petitioner has any grievance against the conduct of the police or the investigating agency, he may make a representation in this regard before the higher authorities or he may approach the trial court where the charge sheet is now pending and the cognizance is to be taken on the charge sheet. With these observations, the writ petition is dismissed. (V.K. Bist, J.) (B.C. Kandpal, J.) 19.11.2009 VKG