Case Note & Summary
The petitioner, Rita Shailesh Vyas, filed a criminal writ petition seeking transfer of investigation in C.R.No.64 of 2004 from Kandivli (West) Police Station to DCB CID, Mumbai. She alleged that the investigation was conducted in a haphazard manner to hush-up the crime and protect the accused. The petitioner was married to Shailesh Vyas (since deceased) in 1982 and they had three children. The deceased suffered from asthma and heart ailment. The court examined the investigation and found that the police had conducted a proper investigation. The court dismissed the petition, holding that there was no merit in the allegations and no ground for transfer of investigation.
Headnote
A) Criminal Procedure - Transfer of Investigation - Bias Allegations - Petitioner sought transfer of investigation from local police to DCB CID alleging haphazard investigation and suppression of evidence - Court examined the investigation and found no merit in allegations - Held that the investigation was proper and no case for transfer made out (Paras 1-10).
Issue of Consideration
Whether the investigation in C.R.No.64 of 2004 should be transferred to DCB CID on the ground that it was carried out in a haphazard manner to hush-up the crime and protect the accused.
Final Decision
Petition dismissed. No order as to costs.
Law Points
- Transfer of investigation
- Bias in investigation
- Hushing up of crime
- Suppression of evidence
