Case Note & Summary
The petitioners filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court seeking a writ of mandamus to transfer the investigation of a case from Ambarnath police station to the State CID or the Central Bureau of Investigation. The petitioners alleged that the investigation was biased and not being conducted fairly. The court, after hearing the parties, found no merit in the allegations. The Division Bench, comprising Justices P.V. Hardas and N.D. Deshpande, observed that the investigation was proceeding in a proper manner and there was no material to suggest any mala fides on the part of the investigating officer. Consequently, the court dismissed the petition, holding that no grounds were made out for transfer of investigation. The judgment was delivered on 18th March 2011.
Headnote
A) Criminal Procedure - Transfer of Investigation - Article 226 of the Constitution of India - Writ of Mandamus - Petition seeking transfer of investigation from Ambarnath police to State CID or CBI - Court held that no grounds were made out for transfer as the investigation was proceeding fairly and no mala fides were established against the investigating officer - Petition dismissed (Paras 1-3).
Issue of Consideration
Whether the investigation in a murder case should be transferred from the local police to the State CID or CBI on grounds of alleged bias and lack of fair investigation.
Final Decision
Petition dismissed. No order as to costs.
Law Points
- Transfer of investigation
- Article 226
- Mandamus
- Fair investigation
- Police investigation
Case Details
2011 LawText (BOM) (03) 193
Writ Petition No.210 of 2011
P.V. Hardas, N. D. Deshpande
Mr. Sandeep Karnik for Petitioners, Mr. K.V. Saste APP for State, Mr. B.D. Joshi for Intervenor
Suryakant Jayram Anarthe & anr.
State of Maharashtra & anr.
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Nature of Litigation
Writ petition seeking transfer of investigation from local police to CID or CBI
Remedy Sought
Writ of mandamus directing transfer of investigation from Ambarnath police station to State CID or CBI
Filing Reason
Allegation of biased and unfair investigation by local police
Issues
Whether the investigation should be transferred to an independent agency due to alleged bias
Submissions/Arguments
Petitioners argued that investigation was biased and not fair
State opposed the petition stating investigation was proceeding properly
Ratio Decidendi
Transfer of investigation is not warranted unless there are clear grounds of bias or mala fides established against the investigating agency. Mere allegations are insufficient.
Judgment Excerpts
It appears that this is a Petition under Article 226 of the Constitution of India by which the Petitioner has prayed for issue of a writ of mandamus directing transfer of investigation from Ambarnath police station to State-CID or to Central Bureau of Investigation or to any other competent and independent agency.
Procedural History
The petition was filed directly before the High Court under Article 226. Rule was issued and with consent of counsel, heard finally at admission stage.
Acts & Sections
- Constitution of India: Article 226
