2023 (3) TMI 1363

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.... 1 : Mr. Advait M. Sethna a/w Mr. Raju R. Thakkar, Mr. Rangan Majumdar, Mr. Sandeep Raman, Ms. Prema Thakkar. For the Respondent-State : Mr. S.S. Hulke, A.P.P. ORDER P.C.:- 1. By the present Petition, the Petitioner, an accused in Crime F. No. DRI/MZU/C/INT-93-2022 has prayed for the following reliefs : "a) Issue the writ of mandamus directing the Respondents to procure the in....

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....he accused has no right to have any say as regards the manner and method of investigation. That the accused has no participation as a matter of right during the course of investigation of a case instituted on a police report till the investigation culminates. Accused cannot choose Investigating Agency. That, accused persons do not have a say in the matter of appointment of an Investigating Agency.....

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.... nor the informant are entitled to choose their own Investigating Agency, to investigate the crime, in which they are interested. That the accused cannot ask for changing the Investigating Agency or do the investigation in a particular manner, including Court monitored investigation. In the said decision, the Hon'ble Supreme Court has relied on the decisions in the cases of Divine Retreat Centre V....

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....ing this Court to direct the investigating agency to procure necessary documents from their counter part in South Africa. 6. It clearly appears to us that, such request is made only to built up the defence of Petitioner at the inception of investigation by invoking jurisdiction of this Court under Article 226 of the Constitution of India. It is needles to mention that, the investigating agency ....