Case Note & Summary
The petitioners, Abdul Aziz Mukadam and another, filed a Criminal Writ Petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of C.R.No.69 of 2009 registered at Kalwa Police Station and transfer of the investigation to an independent agency like the Central Bureau of Investigation. The FIR was registered on 25/2/2009 in connection with an incident that occurred on 29/10/2005 during the demolition of Vikrant Tower by officers of the Thane Municipal Corporation with police assistance, resulting in two deaths, one self-immolation, and one person jumping from the third floor. The petitioners claimed to be Chairman and member of Pariwar Co-operative Housing Society, alleging that respondent no.5, a developer, had illegally constructed Vikrant Tower on adjacent plots without permission from the Corporation. The Corporation inspected and decided to demolish the illegal structure. On 24/10/2005, respondent no.5 filed a criminal complaint against the petitioners and others for offences under various sections of the Indian Penal Code. The court heard the parties and by consent finally heard the petition at the admission stage. The court found no merit in the petition and dismissed it, holding that no grounds were made out for transfer of investigation to CBI or for quashing the FIR.
Headnote
A) Criminal Procedure - Transfer of Investigation - Articles 226 and 227 of Constitution of India, Section 482 CrPC - Petition seeking transfer of investigation to CBI and quashing of FIR - Court held that no grounds were made out for transfer of investigation to CBI or for quashing of FIR - Petition dismissed (Paras 1-5).
Issue of Consideration
Whether the investigation into C.R.No.69 of 2009 should be transferred to an independent agency like CBI and whether the FIR should be quashed.
Final Decision
The petition is dismissed. Rule discharged.
Law Points
- Transfer of investigation to CBI
- Quashing of FIR
- Scope of Articles 226 and 227
- Section 482 CrPC
- Independent investigation agency
