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Judgment
Rajbir Sehrawat, J
CWP-16715-2020
This is a petition seeking issuance of a writ of mandamus directing respondents No.2 to 5 to hand over the investigation in case FIR No.56 dated
23.06.2020 under Section 22/61 of NDPS Act, 1984 (Annexure P-1) to respondent No.2 i.e. CBI or to some independent agency. It is further
submitted that respondents No.4 and 5 be directed to submit a detailed report with regard to the tower location.
It is pointed out by counsel for the State that investigation in the matter was completed long back. Thereafter, even the charges were framed by the
trial Court, a step which was never challenged by the petitioner before any Court. Not only this, the prosecution has even partly led its evidence before
the trial Court.
In view of the above, and at this stage, any interference by this Court would be in the nature of proceedings parallel to the proceedings of the trial.
Therefore, this Court does not find it appropriate to continue with the present petition and to pass any orders qua investigation. Hence the present writ
petition is dismissed.
However, the petitioner would be at liberty to avail all the pleas legally available to him, before the trial Court, at all appropriate stages.