Case Note & Summary
The petitioner, Bertram D'Silva, filed a writ petition under Article 226 of the Constitution of India seeking directions to the State authorities to appoint and authorise the Crime Branch, C.I.D., Mumbai, to investigate offences disclosed in the petition, particularly those under various sections of the Indian Penal Code including 302, 307, 365, 366, 367, 380, 383, 385, 387, 341, 114, and 120-B. The petitioner also sought the arrest of respondent Nos. 4 to 7 and a direction to exhume the body of his brother Irvin D'Silva for post-mortem examination. The background of the case is that the petitioner's brother Irvin was residing in a building called 'Harbour' in Bandra, Mumbai, which was valued at over Rs. 10 crores. The petitioner alleged that respondent No. 4, Suman, had befriended Irvin and was allowed to stay in an attic room on the terrace. The petitioner claimed that respondent Nos. 4 to 7 were attempting to murder Irvin and had wrongfully confined him. The petitioner visited Mumbai on 11th December 2010 after being informed that Irvin was ill with kidney problems and was being treated at Holy Family Hospital. The petitioner filed complaints on 15th and 29th December 2010 with the Bandra Police Station, but the police did not register an FIR. The petitioner then approached the High Court. The respondents, including the State and the private respondents, opposed the petition. The court examined the material on record and found that the police had conducted an inquiry and found no substance in the allegations. The court noted that the petitioner had not placed any credible material to support his allegations. The court held that the High Court should not interfere with the investigation unless there is a clear case of abuse of process or failure of justice. The court dismissed the petition, finding no merit in the prayer for transfer of investigation or arrest of the respondents.
Headnote
A) Criminal Procedure - Transfer of Investigation - Article 226 of the Constitution of India - Petition seeking direction to transfer investigation to Crime Branch and arrest of respondents - Court held that no credible material was placed to warrant such direction, as police had already conducted inquiry and found no substance in allegations - Petition dismissed (Paras 1-10).
Issue of Consideration
Whether the High Court should direct transfer of investigation to Crime Branch and order arrest of respondents based on allegations of serious offences including attempt to murder, wrongful confinement, and criminal conspiracy.
Final Decision
The petition is dismissed. No order as to costs.
Law Points
- Article 226 of the Constitution of India
- Transfer of investigation
- Inherent powers of High Court
- Scope of judicial review in criminal investigations
