Case Note & Summary
The petitioner, Pooja Choudhary, mother of the deceased, filed a criminal writ petition seeking transfer of investigation of Crime No.166/2022 registered at Police Station Wadi, Nagpur, for an offence under Section 306 of the Indian Penal Code (abetment of suicide) against the boyfriend of her deceased daughter. The petitioner alleged that the investigation by the Wadi Police was conducted in a pathetic, indifferent, and negligent manner, and that if done effectively, the truth about the circumstances of her daughter's death could have been discovered. The deceased was found dead in an open place about 70 meters from the main gate of the Unconventional Operations Training Centre, Surabardi, a police training center. The petitioner pointed out several suspicious circumstances in her rejoinder affidavit. The State, represented by the learned A.P.P., argued that all such circumstances had been properly inquired into and the doubt cleared, and that the prima facie nature of death was suicidal. The court, after hearing both sides and perusing the record, found that the investigating officer had indeed looked into the suspicious circumstances and that the petitioner's allegations did not establish that the investigation lacked credibility. The court held that there was no ground to order transfer of investigation to another agency, as the investigation was not shown to be biased or likely to result in a miscarriage of justice. The petition was dismissed, and the rule was discharged.
Headnote
A) Criminal Procedure - Transfer of Investigation - Mandamus - Section 306 Indian Penal Code, 1860 - Petition seeking transfer of investigation from local police to another agency on grounds of alleged pathetic and negligent investigation - Court held that mere suspicion or allegations of inadequate investigation are insufficient to order transfer; the court must be satisfied that the investigation is not credible or that there is a reasonable apprehension of bias or miscarriage of justice - In the present case, the court found that the investigating officer had properly inquired into the suspicious circumstances and the prima facie nature of death was suicidal, thus no ground for transfer (Paras 3-6).
Issue of Consideration
Whether the investigation conducted by the local police in a case of alleged abetment of suicide is so lacking in credibility that it warrants transfer to another agency.
Final Decision
The petition is dismissed. Rule is discharged.
Law Points
- Transfer of investigation
- Abetment of suicide
- Section 306 IPC
- Mandamus
- Credibility of investigation
Case Details
2022 LawText (BOM) (12) 154
Criminal Writ Petition No. 230/2022
Sunil B. Shukre, M. W. Chandwani
Mr. R.S. Nayak for petitioner, Mr. M.J. Khan, A.P.P. for respondent Nos.1,2 and 4
Pooja W/o Lakhan Choudhary
The State of Maharashtra, Police Station Officer, Wadi, Nagpur, Central Bureau of Investigation (CBI), Nagpur, Crime Investigation Department (CID), Nagpur
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Nature of Litigation
Criminal writ petition seeking transfer of investigation from local police to another agency.
Remedy Sought
Petitioner sought issuance of mandamus for transferring Crime No.166/2022 registered by Police Station Wadi, Nagpur for offence under Section 306 IPC against boyfriend of deceased daughter.
Filing Reason
Petitioner alleged that investigation by Wadi Police was pathetic, indifferent, and negligent, and that effective investigation could have discovered truth about circumstances of death.
Issues
Whether the investigation conducted by the local police is so lacking in credibility that it warrants transfer to another agency.
Submissions/Arguments
Petitioner's counsel argued that there are sufficient suspicious circumstances not probed by Investigating Officer, raising doubt about credibility of investigation.
State's counsel submitted that all suspicious circumstances have been properly inquired into and doubt cleared, and prima facie nature of death was suicidal.
Ratio Decidendi
For ordering transfer of investigation, the court must be satisfied that the investigation is not credible or that there is a reasonable apprehension of bias or miscarriage of justice. Mere allegations of inadequate investigation are insufficient.
Judgment Excerpts
By this petition, the petitioner is seeking issuance of mandamus for transferring of Crime No.166/2022 registered by Police Station Wadi, Nagpur for an offence punishable under Section 306 of the Indian Penal Code against boyfriend of deceased daughter of the petitioner.
He invites our attention to the rejoinder affidavit filed by the petitioner, mother of the deceased, wherein he has pointed out certain suspicious circumstances.
Mr. Khan, learned A.P.P. for respondent Nos.1, 2 and 4 submits that all these circumstances which have been called by the petitioner to be suspicious have been properly enquired into and the doubt arising therefrom has been cleared by the Investigating Officer which sufficiently points out at this stage that prima facie nature of death of the deceased daughter of the petitioner was suicidal.
Procedural History
The petitioner filed Criminal Writ Petition No. 230/2022 before the Bombay High Court, Nagpur Bench, seeking transfer of investigation. The court heard the matter and delivered judgment on 2.12.2022.
Acts & Sections
- Indian Penal Code, 1860: 306
