Chetan Ashok Sawant v. The State Of Maharashtra

Osk 43-Wp-1991-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1991 OF 2019 Chetan Ashok Sawant ... Petitioner V/s.

The State of Maharashtra ... Respondent None for Petitioner.

Ms.J.S. Lohakare, A.P.P. for Respondent-State. CORAM : A.S. GADKARI AND MILIND N. JADHAV, JJ.

DATE : 21st October 2022.

P.C. :

1.

By the present Petition, Petitioner is seeking change of investigating Officer on the ground of alleged bias. 2.

By now it is settled position of law that, an accused has no right to seek transfer of his case to an investigating agency of his own choice. Likewise accused has no say in the manner, method and mode of investigation being carrying out by the investigating agency. Reliance is placed on the decision of Hon'ble Supreme Court in the case of Union of India & Anr. Vs. W.N.Chadha, reported in AIR 1993 SC 1082. 3.

In view of above, nothing survives in the Petition and the Petition is accordingly disposed off.

[MILIND N. JADHAV, J.] [A.S. GADKARI, J.] by OMKAR SHIVAHAR KUMBHAKARN Date: 2022.10.21 16:32:05 +0530 1/1 OMKAR SHIVAHAR KUMBHAKARN