Case Note & Summary
The petitioner, a partner of M/s Sonal Corporation, filed a criminal writ petition seeking transfer of investigation in C.R. No.622 of 2004 from Malad Police Station to Crime Branch, CID, Mumbai. The FIR was registered on 14.12.2004 under various sections of the Indian Penal Code including 143, 144, 145, 148, 149, 447, 431, 342, 363, 427 and 506 against Iqbal Attarwala, Atul Patel and others. The petitioner alleged that the investigating officer was showing undue favouritism to the accused and was lethargic in apprehending them. The court perused the affidavit in reply filed by the Investigating Officer, Shri Raju Amarraj Naik, and heard the learned APP and the petitioner's advocate. The court found no substance in the allegations and held that no case for transfer of investigation was made out. However, considering the nature of the allegations, the court directed the investigating officer to complete the investigation expeditiously, preferably within four weeks from the date of the order. The petition was dismissed accordingly.
Headnote
A) Criminal Procedure - Transfer of Investigation - Allegations of Bias - Petitioner sought transfer of investigation from Malad Police Station to Crime Branch, CID, alleging favouritism and lethargy - Court perused affidavit of Investigating Officer and found no substance in allegations - Held that no case for transfer is made out, but directed expeditious completion of investigation within four weeks (Paras 1-5).
Issue of Consideration
Whether the investigation in C.R. No.622 of 2004 should be transferred from Malad Police Station to Crime Branch, CID, Mumbai due to alleged bias and lethargy of the investigating officer.
Final Decision
The petition is dismissed. No case for transfer of investigation is made out. However, the investigating officer is directed to complete the investigation expeditiously, preferably within four weeks from the date of the order.
Law Points
- Transfer of investigation
- Bias of investigating officer
- Speedy investigation
- Cognizable offence
- FIR registration
Case Details
2005 LawText (BOM) (02) 267
Criminal Writ Petition No.33 of 2005
R.M.S. Khandeparkar, P.V. Kakade
Mr. Rajiv Patil with Milind S. Sawant for petitioner, Mr. D.S. Mhaispurkar, APP for Respondents
Shri Ranchodbhai P. Patel
State of Maharashtra, Commissioner of Police, Brihanmumbai, Deputy Commissioner of Police, Malad Division, Assistant Commissioner of Police, Malad Division, Senior Inspector, Malad Police Station, Shri Arun Ghag
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Nature of Litigation
Criminal writ petition seeking transfer of investigation from one police station to another.
Remedy Sought
Direction to transfer investigation of C.R. No.622 of 2004 from Malad Police Station to Crime Branch, CID, Mumbai.
Filing Reason
Allegations that the investigating officer was showing undue favouritism to the accused and was lethargic in apprehending them.
Previous Decisions
FIR was registered on 14.12.2004; no prior court orders mentioned.
Issues
Whether the investigation in C.R. No.622 of 2004 should be transferred due to alleged bias and lethargy of the investigating officer.
Submissions/Arguments
Petitioner argued that the investigating officer was showing undue favouritism to the accused and was lethargic in apprehending them.
Respondents, through the affidavit of Investigating Officer, denied the allegations and submitted that investigation was being conducted properly.
Ratio Decidendi
Allegations of bias and lethargy against the investigating officer were not substantiated; hence no ground for transfer of investigation. However, the court directed expeditious completion of investigation in the interest of justice.
Judgment Excerpts
We have perused the affidavit in reply filed by the Investigating Officer... and also we heard the learned A.P.P. as well as the advocate for the Petitioner.
Undisputedly consequent to the complaint filed by the Petitioner and the preliminary enquiry made by the Police Authorities FIR came to be lodged on 14.12.2004...
Considering the nature of allegations, we direct the Investigating Officer to complete the investigation expeditiously, preferably within four weeks from today.
Procedural History
Petitioner filed a complaint leading to FIR No.622 of 2004 on 14.12.2004. Subsequently, the petitioner filed Criminal Writ Petition No.33 of 2005 seeking transfer of investigation. The court heard the matter on 28.02.2005 and dismissed the petition with directions.
Acts & Sections
- Indian Penal Code, 1860: 143, 144, 145, 148, 149, 447, 431, 342, 363, 427, 506
