Case Note & Summary
The petitioner, Ramprasad Gupta, filed a criminal writ petition before the Bombay High Court seeking transfer of investigation into the custodial death of his brother, who died while in police custody. The petitioner alleged that the investigation conducted by the CB-CID was biased and not independent, as the police officers involved were from the same department. He sought transfer of the investigation to the CBI or any other independent agency. The respondents, including the State of Maharashtra and the police officers, opposed the petition, arguing that the CB-CID was an independent agency and that the investigation was being conducted fairly. The court examined the progress of the investigation, including the filing of charge sheets and the examination of witnesses. The court noted that the CB-CID had filed a charge sheet against the police officers and that the investigation was ongoing. The court found no material to suggest that the investigation was biased or that the CB-CID was not acting independently. The court held that the investigation by the CB-CID was fair and that no case for transfer was made out. The petition was dismissed.
Headnote
A) Criminal Procedure Code - Transfer of Investigation - Section 173, Section 156(3), Section 482 - Writ of Certiorari - Petitioner sought transfer of investigation from CB-CID to CBI alleging bias and lack of fairness in probe into custodial death of his brother - Court examined the progress of investigation and found no material to suggest that the investigation was biased or that the CB-CID was not acting independently - Held that the investigation by CB-CID was fair and no case for transfer was made out (Paras 1-42).
Issue of Consideration
Whether the investigation into the custodial death of the petitioner's brother should be transferred from the CB-CID to the CBI or any other independent agency.
Final Decision
The petition is dismissed. The court held that the investigation by CB-CID is fair and independent, and no case for transfer to CBI or any other agency is made out.
Law Points
- Criminal Procedure Code
- 1973
- Section 173
- Section 156(3)
- Section 482
- Writ of Certiorari
- Transfer of investigation
- Custodial death
- Fair investigation
- Independent agency
Case Details
2019 LawText (BOM) (03) 237
Criminal Writ Petition No. 4845 of 2015
B. P. Dharmadhikari, Revati Mohite Dere
Mr. Yug M. Choudhary a/w Ms. Ragini Ahuja and Ms. Payoshi Roy i/b Ms. Anjali Awasthi for the Petitioner, Mr. M. P. Rao, Sr. Counsel a/w Mr. A. D. Kamkhedkar, A.P.P for the Respondent Nos.1 to 3-State, Mr. Amit Desai, Sr. Counsel a/w Mr. Bimal Bhabhda, Ms. Laxmi J. I/b M/s. Apte & Co. for the Respondent Nos. 4 to 14
The State of Maharashtra and Others
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Nature of Litigation
Criminal writ petition seeking transfer of investigation from CB-CID to CBI or other independent agency in a custodial death case.
Remedy Sought
Petitioner sought a writ of certiorari or any other appropriate writ to transfer the investigation from CB-CID to CBI or any other independent agency.
Filing Reason
Petitioner alleged that the investigation into the custodial death of his brother was biased and not independent as the CB-CID was not acting fairly.
Issues
Whether the investigation by CB-CID into the custodial death is fair and independent?
Whether the investigation should be transferred to CBI or any other independent agency?
Submissions/Arguments
Petitioner argued that the CB-CID investigation was biased as the police officers involved were from the same department and the investigation was not proceeding properly.
Respondents argued that the CB-CID is an independent agency and the investigation was being conducted fairly, with charge sheets already filed.
Ratio Decidendi
The court held that the investigation by CB-CID was fair and independent, and there was no material to suggest bias or lack of independence. Therefore, no ground for transfer of investigation was made out.
Judgment Excerpts
By this petition, the petitioner has sought the following reliefs :
The court found no material to suggest that the investigation was biased or that the CB-CID was not acting independently.
Procedural History
The petitioner filed Criminal Writ Petition No. 4845 of 2015 before the Bombay High Court seeking transfer of investigation. The petition was reserved on 5th February 2019 and pronounced on 6th March 2019.
Acts & Sections
- Code of Criminal Procedure, 1973: Section 173, Section 156(3), Section 482
