Case Note & Summary
The petitioner, Sri M. Prakash, filed a writ petition under Article 226 of the Constitution of India seeking a direction for appointment of a higher rank police officer to investigate Crime No.153 of 2022, which arose out of a private complaint in P.C.R. No.7840 of 2022 pending before the 31st Additional Chief Metropolitan Magistrate, Bangalore City. The petitioner alleged that on 26-03-2021, the first respondent forcibly broke open the doors of his residence and stole various articles including home appliances, fitness equipment, and vehicle keys. The petitioner claimed that the investigating officer was biased and not conducting a fair investigation. The court heard the petitioner in person and the Additional Government Advocate for respondent No.2. The court observed that the petitioner had not placed any material to demonstrate bias or malafides on the part of the investigating officer. The court held that mere allegations without credible evidence are insufficient to warrant transfer of investigation. Consequently, the petition was dismissed.
Headnote
A) Criminal Procedure - Transfer of Investigation - Bias/Malafides - Article 226 of Constitution of India - Petitioner sought transfer of investigation alleging bias by investigating officer - Court held that mere allegations without credible material to demonstrate bias or malafides are insufficient to warrant transfer - Petitioner failed to produce any evidence of bias - Petition dismissed (Paras 4-5).
Issue of Consideration
Whether the petitioner is entitled to a direction for transfer of investigation to a higher rank police officer on the ground of bias or malafides on the part of the investigating officer.
Final Decision
The writ petition is dismissed.
Law Points
- Transfer of investigation
- Police investigation
- Bias
- Malafides
- Article 226 of Constitution of India
Case Details
2023 LawText (KAR) (01) 10
Writ Petition No. 20269 of 2022 (GM-POLICE)
Sri M. Prakash (Party in Person), Sri M. Vinod Kumar (AGA for R2)
Sri M. Vinayaka and The State of Karnataka
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Nature of Litigation
Writ petition seeking transfer of investigation to a higher rank police officer.
Remedy Sought
Direction for appointment of any other higher rank police officer to investigate the crime registered in Crime No.153 of 2022 and to recover stolen materials.
Filing Reason
Alleged theft by first respondent and alleged bias by investigating officer.
Issues
Whether the petitioner is entitled to a direction for transfer of investigation to a higher rank police officer on the ground of bias or malafides on the part of the investigating officer.
Submissions/Arguments
Petitioner argued that the investigating officer was biased and not conducting a fair investigation.
Respondent No.2 (State) opposed the petition, submitting that there was no material to show bias.
Ratio Decidendi
Mere allegations of bias or malafides without credible material are insufficient to warrant transfer of investigation to a higher rank police officer.
Judgment Excerpts
The petitioner is before this Court seeking a direction for appointment of any other Police Officer higher in rank, to investigate the crime registered in Crime No.153 of 2022...
The petitioner has not placed any material to demonstrate bias or malafides on the part of the investigating officer.
Procedural History
The petitioner filed a private complaint in P.C.R. No.7840 of 2022 before the 31st Additional Chief Metropolitan Magistrate, Bangalore City, which led to registration of Crime No.153 of 2022. Subsequently, the petitioner filed this writ petition seeking transfer of investigation.
Acts & Sections
- Constitution of India: Article 226
