Case Note & Summary
The petitioner, Rajendra Shamraoji Padole, filed a criminal writ petition before the Bombay High Court, Nagpur Bench, seeking transfer of investigation of his complaint dated 29.01.2016 to the Central Bureau of Investigation (CBI) or any other independent agency, and a direction for registration of an FIR on the basis of that complaint. The dispute arose between the petitioner and respondent no.7, Deepraj Khobragade, regarding the purchase of a plot of land. The petitioner alleged that the local police were not taking appropriate action on his complaint. The court considered the nature of the dispute and the prayers made. The court found that the dispute was essentially private in nature, relating to a land transaction between the petitioner and respondent no.7. The court held that such a private dispute did not warrant the extraordinary remedy of transferring the investigation to CBI or directing registration of an FIR under Section 156(3) of the Code of Criminal Procedure, 1973. The court dismissed the petition, finding no merit in the petitioner's contentions. The judgment was delivered by a division bench comprising Justices R.K. Deshpande and Manish Pitale, with the opinion authored by Justice Manish Pitale.
Headnote
A) Criminal Procedure Code - Transfer of Investigation - Section 156(3) CrPC - Private Dispute - The petitioner sought transfer of investigation of his complaint to CBI and registration of FIR, arising from a dispute over purchase of a plot of land. The court held that the dispute was essentially private in nature and did not warrant such extraordinary relief. The petition was dismissed. (Paras 2-5)
Issue of Consideration
Whether the petitioner is entitled to a direction for transfer of investigation of his complaint to CBI or any other independent agency and for registration of FIR on the basis of the complaint.
Final Decision
The petition is dismissed. Rule discharged.
Law Points
- Transfer of investigation to CBI
- Registration of FIR
- Private dispute
- Section 156(3) CrPC
- Inherent powers of High Court
Case Details
2017 LawText (BOM) (08) 164
Criminal Writ Petition No.243/2016
R.K. Deshpande, Manish Pitale
Mr. R.R. Vyas for Petitioner, Mr. S.M. Ukey, Additional Public Prosecutor for Respondent Nos.1,5 and 6, Mrs. Mugdha R. Chandurkar for Respondent No.2, Mr. S.S. Lade for Respondent No.4
Rajendra s/o Shamraoji Padole
State of Maharashtra through Police Station Officer, Police Station Ajni, Nagpur and others
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Nature of Litigation
Criminal writ petition seeking transfer of investigation to CBI and registration of FIR.
Remedy Sought
Petitioner sought direction for handing over investigation of his complaint to CBI or any other independent agency and for registration of FIR.
Filing Reason
Dispute over purchase of a plot of land between petitioner and respondent no.7.
Issues
Whether the petitioner is entitled to transfer of investigation to CBI or independent agency?
Whether the petitioner is entitled to direction for registration of FIR?
Submissions/Arguments
Petitioner argued that the local police were not taking appropriate action on his complaint.
Respondents opposed the petition, contending that the dispute was private in nature.
Ratio Decidendi
A private dispute over purchase of a plot of land does not warrant transfer of investigation to CBI or registration of FIR under Section 156(3) CrPC.
Judgment Excerpts
By this writ petition, the petitioner has, inter alia, prayed for handing over of investigation of his complaint dated 29.01.2016 submitted before the respondent no.1 to the Central Bureau of Investigation (CBI) or to any other independent investigating agency, with a further prayer for direction for registration of First Information Report (FIR) on the basis of the said complaint.
The facts leading up to the instant writ petition are that, there arose a dispute between the petitioner and the respondent no.7 in respect of purchase of a plot of land.
Procedural History
The petitioner filed a complaint on 29.01.2016 before respondent no.1. Subsequently, the petitioner filed Criminal Writ Petition No.243/2016 before the Bombay High Court, Nagpur Bench, seeking transfer of investigation to CBI and registration of FIR. The petition was heard and dismissed on 24.08.2017.
Acts & Sections
- Code of Criminal Procedure, 1973: 156(3)
