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2023 (3) TMI 1363 - HC - Indian LawsSeeking procurement of investigation papers and documents from the Investigating Agencies at South Africa with respect to the seizures made in India - HELD THAT:- It is trite position of law that, the 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. The accused persons cannot choose as to which Investigating Agency must investigate the alleged offence committed by them. Accused has no right with reference to the manner of investigation or mode of prosecution. The Hon’ble Supreme Court in the case of Romila Thapar Vs. Union of India & Ors., reported in [2018 (9) TMI 1881 - SUPREME COURT], has held that, neither the accused, complainant 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 Vs. State of Kerala [2008 (3) TMI 734 - SUPREME COURT] and Narmadabai Vs. State of Gujrat [2011 (4) TMI 1477 - SUPREME COURT]. Mr. Khan, learned counsel for the Petitioner submitted that, the Petitioner though being an accused is only requesting this Court to direct the investigating agency to procure necessary documents from their counter part in South Africa - 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 during the course of investigation will collect all the necessary and relevant evidence including the documents thereof. For collecting evidence during the course of investigation the direction by this Court at the behest/request of an accused is not at all necessary. Petition dismissed.
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