Case Note & Summary
The petitioner, Dattaram A. Awate, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the Bombay High Court seeking transfer of investigation in Sessions Case No.19 of 2003 pending before the Sessions Court, Ratnagiri. The case originated from C.R. No.70 of 2001 of Chiplun Police Station, involving offences under Sections 498-A and 306 read with 34 of the Indian Penal Code against two accused persons. The petitioner alleged that the investigation by the local Chiplun Police and subsequently by the District CID, Ratnagiri, was conducted in a haphazard manner, with suppression of facts and destruction of evidence, aimed at protecting the accused. The complaint was initially lodged at Guhagar Police Station and later transferred to Chiplun Police Station. Due to the petitioner's allegations, the investigation was transferred to the local CID branch, which filed a charge-sheet, leading to committal to Sessions Court. The petitioner then applied to the Sessions Court for further transfer, which was rejected, prompting the present petition. The High Court, after hearing the parties, found no merit in the allegations and dismissed the petition, holding that the investigation had already been completed and a charge-sheet filed, and there was no credible material to justify a transfer to another agency. The Court observed that the petitioner's grievances were not substantiated and the investigation appeared to have been conducted properly. The petition was dismissed, and the rule was discharged.
Headnote
A) Criminal Procedure - Transfer of Investigation - Article 226 of Constitution of India - Power of High Court to order transfer of investigation - The petitioner sought transfer of investigation alleging biased and incomplete probe by local police and CID. The Court held that mere allegations without credible material are insufficient to order transfer, and the investigation had already resulted in a charge-sheet. (Paras 1-3)
B) Criminal Law - Offences under Sections 498-A and 306 IPC - Abetment of Suicide - Cruelty by Husband or Relatives - The case pertains to charges under Sections 498-A and 306 read with 34 IPC against two accused persons, arising from a complaint of cruelty and abetment of suicide. The Court noted that the charge-sheet had been filed and the case was committed to Sessions. (Para 3)
Issue of Consideration
Whether the investigation in Sessions Case No.19 of 2003 should be transferred to Special Branch of CID Mumbai or any other agency on grounds of alleged haphazard investigation and suppression of evidence by local police and District CID.
Final Decision
The petition is dismissed. Rule discharged.
Law Points
- Transfer of investigation
- power of High Court under Article 226
- scope of interference with investigation
- allegations of biased investigation
- need for credible material to order transfer
Case Details
2005 LawText (BOM) (08) 284
Criminal Writ Petition No.356 of 2005
R.M.S. Khandeparkar, P.V. Kakade
Mr. C.K. Pendse for the petitioner, Mr. B.H. Mehta, APP for respondent No.1 State
State of Maharashtra, C.I.D. Ratnagiri
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Nature of Litigation
Criminal Writ Petition seeking transfer of investigation from local police and CID to another agency.
Remedy Sought
Petitioner sought order for transfer of investigation in Sessions Case No.19 of 2003 to Special Branch of CID Mumbai or any other investigating agency.
Filing Reason
Allegations that investigation by Chiplun Police and District CID was haphazard, suppressed facts, destroyed evidence, and intended to protect the accused.
Previous Decisions
The matter was initially investigated by Chiplun Police, then transferred to local CID Ratnagiri, which filed charge-sheet. The case was committed to Sessions Court as Sessions Case No.19 of 2003. Petitioner's application for further transfer was rejected by Sessions Court.
Issues
Whether the investigation in Sessions Case No.19 of 2003 should be transferred to another agency due to alleged biased and incomplete investigation.
Submissions/Arguments
Petitioner argued that the investigation by local police and CID was conducted in a haphazard manner, suppressing facts and destroying evidence to protect the accused.
Respondent State opposed the petition, contending that the investigation was proper and charge-sheet had been filed.
Ratio Decidendi
The High Court held that mere allegations of biased investigation without credible material are insufficient to order transfer of investigation, especially when the investigation has already been completed and a charge-sheet filed.
Judgment Excerpts
By the present Petition the petitioner is seeking the order of transfer of investigation in Sessions Case No.19 of 2003 pending before the Sessions Court, Ratnagiri, pertaining to C.R. No.70 of 2001 of Chiplun Police Station to Special Branch of C.I.D. Mumbai or any other investigating agency on the ground that the investigation made by local Chiplun Police Station as well as District C.I.D. is carried out not only in 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 complaint was lodged at Guhagar Police Station, transferred to Chiplun Police Station. Investigation commenced by local police, then transferred to local CID Ratnagiri due to allegations. CID filed charge-sheet, case committed to Sessions Court as Sessions Case No.19 of 2003. Petitioner applied for further transfer, which was rejected. Petitioner then filed Criminal Writ Petition No.356 of 2005 before Bombay High Court.
Acts & Sections
- Indian Penal Code, 1860: 498-A, 306, 34
- Constitution of India, 1950: Article 226
