Case Note & Summary
The petitioner, Shamin @ Chintu Jamaluddin Shaikh, filed a writ petition under Article 226 of the Constitution of India seeking a direction to transfer the investigation in C.R. No. 440 of 2010 registered with Khar Police Station to the Central Bureau of Investigation (CBI). The case was registered for offences under Sections 323, 307, and 504 read with Section 34 of the Indian Penal Code and Sections 3 and 25 of the Indian Arms Act. The petitioner alleged that he was assaulted by associates of Nitesh Rane, son of Revenue Minister Narayan Rane, due to political rivalry after he left the Maharashtra Navnirman Sena and joined Swabhiman Sanghatana, an NGO run by Nitesh Rane. The petitioner claimed that the investigation was delayed and not proceeding in the right direction due to the political influence of the accused. The respondents, including the State of Maharashtra and Narayanrao T. Rane, opposed the petition, arguing that the investigation was progressing and that the petitioner had not provided any credible material to show that the investigation was tainted. The court, after hearing the arguments, held that the power to transfer investigation to CBI is an extraordinary power to be exercised sparingly and only in cases where there is credible material to show that the investigation is not proceeding in the right direction or is tainted. The court found that the petitioner had not provided any such credible material and that mere allegations of political rivalry or delay in investigation were not sufficient to warrant a transfer. The court dismissed the petition, directing the investigating agency to complete the investigation expeditiously.
Headnote
A) Criminal Procedure - Transfer of Investigation - CBI Investigation - Article 226 of the Constitution of India - The petitioner sought transfer of investigation to CBI alleging political rivalry and delay in investigation. The court held that transfer of investigation to CBI is an extraordinary power to be exercised sparingly, only in cases where there is credible material to show that the investigation is not proceeding in the right direction or is tainted. Mere allegations of political rivalry or delay in investigation are not sufficient to warrant such transfer. The court must be satisfied that the investigation is not being conducted fairly and properly. The petition was dismissed as the petitioner failed to provide credible material to show that the investigation was not proceeding in the right direction. (Paras 2-10)
Issue of Consideration
Whether the investigation in C.R. No. 440 of 2010 registered with Khar Police Station should be transferred to the Central Bureau of Investigation (CBI) on the ground of alleged political rivalry and delay in investigation.
Final Decision
The petition is dismissed. The investigating agency is directed to complete the investigation expeditiously.
Law Points
- Transfer of investigation to CBI is an extraordinary power to be exercised sparingly
- only in cases where there is credible material to show that the investigation is not proceeding in the right direction or is tainted
- mere allegations of political rivalry or delay in investigation are not sufficient to warrant such transfer
- the court must be satisfied that the investigation is not being conducted fairly and properly
- the power under Article 226 of the Constitution of India to transfer investigation is not to be exercised lightly.
