Case Note & Summary
This criminal writ petition was filed by a resident of village Kangara, Osmanabad, challenging the alleged police high-handedness and seeking registration of FIR, CBI investigation, and compensation for illegal detention. The incident dated 26th May 2014 involved a confrontation between villagers, particularly women from a self-help group, and police officials over illegal liquor sales. According to the petitioner, police personnel colluded with the liquor seller, assaulted the women, and later arrested 54 villagers, including 8 women, without justification. The police version claimed that the villagers obstructed an official raid, assaulted the officials, and damaged government property, leading to the registration of Crime No.43 of 2014 against the villagers for various offences under the Indian Penal Code and the Prevention of Damage to Public Property Act. The petitioner's attempt to file a complaint on 21st June 2014 was not acted upon, prompting the writ petition. The State, through affidavits of the Home Secretary and Inspector General of Police, Nanded, stated that a preliminary inquiry had been conducted, which found the Assistant Police Inspector and three constables prima facie guilty of misconduct. Consequently, these officials were placed under suspension, and the investigation was transferred to CID Crime. The Inspector General’s report recommended stern action and submitted that no further inquiry was necessary. The court considered the rival versions and noted that the allegations against the Superintendent of Police and Deputy Superintendent of Police were not substantiated. Observing that the State had already taken substantial steps by suspending the guilty officials and transferring the case to CID, the court held that the prayer for CBI investigation was not warranted at that stage, as the CID query was adequate. The court disposed of the petition with a direction to the CID to include the petitioner's grievance in its ongoing investigation and to complete the inquiry expeditiously. Compensation was not awarded, with liberty to pursue appropriate remedies. The final order directed the Additional Director General of Police, CID, to include the relevant aspects in the probe.
Headnote
A) Criminal Procedure - FIR Registration - Section 154 CrPC - Mandamus Not Issued Where Police Already Reacted - High Court declined to direct registration of a second FIR on petitioner's complaint dated 21.06.2014 when the police had already registered FIR No.43/2014 regarding the same incident and had suspended the officials found prima facie guilty. Held, that when police authorities have already taken action, a writ of mandamus is not necessary. (Paras 2-6) B) Investigation - Transfer to CBI - Exceptional Circumstances - Prayer for CBI investigation was not granted because the State had already transferred the investigation to CID Crime and the Inspector General of Police had conducted a preliminary inquiry finding only lower officials guilty, with no exceptional circumstances justifying a CBI probe. Held, that transfer to CBI is an extraordinary measure not warranted in this case. (Paras 5-7) C) Police Law - Departmental Inquiry & Suspension - Adequacy of Action - Inspector General of Police, Nanded conducted a spot inquiry, found API Bansode and three constables prima facie guilty, and recommended stern action. The State suspended them and transferred the investigation to CID. Held, that these steps were sufficient at this stage, and no further directions were required. (Paras 5-6)
Issue of Consideration
Whether a writ of mandamus should be issued directing registration of FIR and transfer of investigation to CBI regarding allegations of police excesses and illegal detention, and whether compensation should be awarded.
Law Points
- mandamus for FIR registration when FIR already registered
- transfer of investigation to CBI requires exceptional circumstances
- adequacy of departmental inquiry
- prima facie guilt of police officials
- suspension of officials pending investigation
