Case Note & Summary
The petitioner, Hardik Patil, filed a writ petition under Article 226 of the Constitution of India seeking transfer of investigation of FIR No. 0872/2024, registered on 23rd October 2024 at Shivajinagar Police Station, Ambernath, Thane, to the Central Bureau of Investigation (CBI) or, in the alternative, constitution of a Special Investigation Team (SIT). The FIR was lodged for the murder of the petitioner's father, Sanjay Shriram Patil. The petitioner alleged that the investigation by the state police was not proper and that all persons involved in the murder and conspiracy were not made accused. He contended that important facts pointing to the guilt of certain named individuals were ignored. The court heard arguments from Mr. Yash Dewal for the petitioner and Mr. Vinod Chate, APP for the State. After perusing the record, the court dismissed the petition, holding that transfer of investigation to CBI is an extraordinary power to be exercised only in exceptional circumstances, such as when the investigation is biased, or the case has interstate or international ramifications. The court found no such exceptional circumstances in this case. It noted that the investigation was ongoing and the petitioner could approach the trial court if dissatisfied. The court also declined to constitute an SIT, observing that the power to do so is also extraordinary and should not be ordered lightly. The petition was dismissed with no order as to costs.
Headnote
A) Criminal Procedure - Transfer of Investigation to CBI - Exceptional Circumstances - Article 226 of the Constitution of India - The petitioner sought transfer of investigation of a murder case to CBI or constitution of SIT alleging inadequate investigation and failure to arraign all conspirators. The court held that transfer to CBI is an extraordinary power to be exercised only in exceptional circumstances, and mere allegations of inadequate investigation do not warrant such transfer. The court found no material to show that the state police investigation was biased or that the case involved interstate or international ramifications requiring CBI investigation. (Paras 1-10) B) Criminal Procedure - Constitution of Special Investigation Team (SIT) - Grounds for - Article 226 of the Constitution of India - The court held that the power to constitute SIT is also an extraordinary measure and should not be ordered lightly. The petitioner failed to demonstrate any specific failure or bias on the part of the investigating agency. The court observed that the investigation was ongoing and the petitioner could approach the trial court for appropriate relief if dissatisfied. (Paras 1-10)
Issue of Consideration
Whether the investigation of FIR No. 0872/2024 should be transferred to the CBI or a Special Investigation Team (SIT) be constituted on the ground of inadequate investigation.
Final Decision
The petition is dismissed. No order as to costs.
Law Points
- Transfer of investigation to CBI requires exceptional circumstances
- mere inadequacy of investigation not sufficient
- Article 226 of Constitution of India
- power of High Court to order CBI investigation
- scope of judicial review in criminal investigations
