Case Note & Summary
The petitioner, Bastimal Hajarimal Porwal, filed a writ petition seeking transfer of investigation in C.R. No.286/2004 registered at Byculla Police Station, Mumbai, to another competent investigating agency. The petitioner alleged that the investigation was being conducted in a haphazard and biased manner with the intention to hush-up the crime and protect the accused. The case pertains to the death of the petitioner's daughter, Dimple, who was married to Dhiraj Sukanraj Kothari on 8-6-2003. Dimple was residing with her husband and in-laws at Sumer Tower, Byculla. She was allegedly harassed by her in-laws, and her death occurred under suspicious circumstances. The petitioner contended that the police were suppressing facts and destroying evidence. The respondents, including the Senior Inspector of Police, Byculla Police Station, and other police officials, opposed the petition. The court, after hearing the parties, found that the investigation was not being conducted properly and directed the transfer of the investigation to the Crime Branch, Mumbai. The court held that when there is a reasonable apprehension of bias or haphazard investigation, the court can order transfer to ensure a fair and impartial investigation.
Headnote
A) Criminal Procedure Code - Transfer of Investigation - Section 156(3) - Bias and Haphazard Investigation - Petitioner sought transfer of investigation alleging that the police were conducting investigation in a biased manner to hush-up the crime and protect the accused - Court found that the investigation was not being conducted properly and directed transfer to the Crime Branch - Held that when investigation is biased or haphazard, court can order transfer to ensure fair investigation (Paras 1-5).
Issue of Consideration
Whether the investigation in C.R. No.286/2004 should be transferred to another competent agency due to alleged biased and haphazard investigation by the police.
Final Decision
The court allowed the petition and directed the transfer of investigation in C.R. No.286/2004 from Byculla Police Station to the Crime Branch, Mumbai, for a fair and impartial investigation.
Law Points
- Transfer of investigation
- biased investigation
- suppression of evidence
- protection of accused
- fair investigation
Case Details
2005 LawText (BOM) (04) 252
Writ Petition No.2584 of 2004
R.M.S. Khandeparkar, P.V. Kakade
Shri S.V. Marwadi for the Petitioner, Shri D.S. Mhaispurkar, Addl. Public Prosecutor for the Respondents
Bastimal Hajarimal Porwal Jain
Senior Inspector of Police, Byculla Police Station, Deputy Commissioner of Police (Zone-III), Joint Commissioner of Police (Crime), Commissioner of Police, State of Maharashtra
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Nature of Litigation
Criminal writ petition seeking transfer of investigation in a dowry death case.
Remedy Sought
Petitioner sought transfer of investigation in C.R. No.286/2004 from Byculla Police Station to another competent investigating agency.
Filing Reason
Allegation that the police investigation was biased, haphazard, and intended to hush-up the crime and protect the accused.
Issues
Whether the investigation in C.R. No.286/2004 should be transferred due to alleged bias and haphazard conduct by the police.
Submissions/Arguments
Petitioner argued that the investigation was being conducted in a haphazard and biased manner to suppress facts and protect the accused.
Respondents opposed the petition, but the court found merit in the petitioner's allegations.
Ratio Decidendi
When there is a reasonable apprehension of bias or haphazard investigation by the police, the court can order transfer of investigation to another competent agency to ensure a fair and impartial investigation.
Judgment Excerpts
By the present petition the petitioner is seeking the order of transfer of the investigation in C.R. No.286/2004, lodged with the Byculla Police Station to other competent investigating agency on the ground that the investigation has been carried out not only in a haphazard manner, but to hush-up the crime by suppressing the facts and destroying material pieces of evidence as well as with the intention to protect the accused contrary to the provisions of law.
Procedural History
The petitioner filed Writ Petition No.2584 of 2004 before the Bombay High Court seeking transfer of investigation. The court heard the parties and passed the judgment on 20-04-2005.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): 156(3)
- Indian Penal Code, 1860 (IPC):
- Dowry Prohibition Act, 1961:
