Case Note & Summary
The petitioner, Kishore Kakumal Keswani, filed a criminal writ petition under Article 226 of the Constitution of India seeking transfer of investigation of FIR No.79/16 registered at Anjuna Police Station, Goa, to the Central Bureau of Investigation or a Special Investigation Team. The petitioner alleged that the investigation was perfunctory and lackadaisical, and that the police had not taken action against the complainant, Anil Jaisinghani, who had allegedly encroached upon the petitioner's property and threatened to involve him in false cases. The petitioner claimed that Anil Jaisinghani was a history-sheeter and had a criminal background. The respondents, State of Goa and the Senior Inspector of Police, opposed the petition, stating that the investigation was being conducted properly and that there was no need for transfer. The court, after hearing the parties, held that the power to transfer investigation is extraordinary and must be exercised only in exceptional circumstances. The court found that the petitioner had not provided any material to show bias or mala fides on the part of the investigating officer, and that the investigation was ongoing. The court dismissed the petition, ruling that no grounds were made out for transfer of investigation.
Headnote
A) Criminal Procedure - Transfer of Investigation - Article 226 of the Constitution of India - Power of High Court to transfer investigation - The petitioner sought transfer of investigation of FIR No.79/16 to CBI or SIT alleging perfunctory investigation. The Court held that the power to transfer investigation must be exercised sparingly and only in exceptional circumstances where there is a reasonable apprehension of bias or failure of justice. Mere allegations without material evidence are insufficient. (Paras 1-10) B) Criminal Procedure - Investigation - Perfunctory Investigation - FIR No.79/16 - The petitioner claimed that the investigation was lackadaisical and that the police had not taken action against the complainant. The Court found that the investigation was ongoing and that the petitioner had not provided sufficient material to demonstrate any mala fides or bias on the part of the investigating officer. (Paras 4-8) C) Constitutional Law - Article 226 - Scope of Judicial Review - The Court reiterated that under Article 226, the High Court can interfere with investigation only in cases of abuse of process or violation of fundamental rights. The petitioner failed to establish any such ground. (Paras 9-10)
Issue of Consideration
Whether the investigation in FIR No.79/16 should be transferred to the Central Bureau of Investigation or any other investigating agency on the ground that the investigation was perfunctory and lackadaisical.
Final Decision
The petition was dismissed. No order as to costs.
Law Points
- Transfer of investigation
- Article 226 of the Constitution of India
- Perfunctory investigation
- CBI investigation
- Special Investigation Team
