Pradhuman Verma vs State of M.P. & Ors.

Learned counsel for the petitioner at the outset submits that this petition has been filed seeking impartial investigation in the matter in the light of FIR registered at Crime No.33/2017 by the Police Authority, Police Station Hazira, District Gwalior wherein a case has been registered under Sections 376 and 506 of IPC against the petitioner. Petitioner has also placed reliance on the decision of Supreme Court in the case of Babu Bhai Vs. State of Gujrat and Ors. as reported in 2011 (1) CCSC 385 wherein the Supreme Court has held that the investigation into a criminal offence must be free from objectionable feature or infirmity which may legitimately lead to a grievance on the part of the accused that investigation was unfair and carried out with an ulterior motive.

In the present petition, petitioner has failed to point out any such element to show that investigation is being carried out with an ulterior motive. There is no specific averment as to how the investigation being conducted by IO is malafide or colored with some motives. Even IO has not been impleaded as a party. In view of the aforesaid, this Court does not find any ground to interfere in the investigation and to issue directions to the IO to conduct investigation in a particular manner inasmuch as it is always expected from an IO to conduct investigation in a free and fair manner without getting biased.

With the aforesaid, petition is disposed of. No order as to cost.