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Judgment
Pankaj Purohit, J
By means of this writ petition, petitioner has sought indulgence of this Court for a direction to get the investigation conducted from C.B.I. in respect of death of son of the petitioner.
It is submitted by learned counsel for the petitioner that son of the petitioner was found dead and an F.I.R No.100 of 2024 under Section 140(3) of B.N.S. 2023 was registered by the petitioner at Police Station Tanakpur, District Champawat.
Attention of this Court was drawn by learned counsel for the C.B.I. on annexure no.1, to the writ petition, wherein for the similar relief Writ Petition (Criminal) No.1072 of 2024, James Massey Vs. Central Bureau of Investigation and others, was filed but the said writ petition was disposed-off by the Co-ordinate Bench of this Court. After considering entire facts of the case the Court directed the Investigating Agency to carry out further investigation scientifically in a professional manner by taking all the evidence into consideration from all the persons including the petitioner also.
It is further submitted by learned counsel for the petitioner that the Investigating Agency is not conducting the investigation as per the direction passed by this Court.
Since in the previous writ petition filed by the petitioner the Court after considering entire facts of the case came to this conclusion that a case of transfer of investigation from regular Police to C.B.I. is not made out, the second petition cannot be maintainable on the said facts.
Moreover, the petitioner has again filed the present writ petition for the same relief, which is not at all legally tenable.
Accordingly writ petition is dismissed