Case Note & Summary
The petitioner, Ashok Kumar Sinha, father of Kumar Ajitabh, filed writ petitions under Articles 226 and 227 of the Constitution of India seeking transfer of investigation in FIR No. 0486/2017 dated 20.12.2017 and FIR No. 0500/2017 dated 29.12.2017 from the local police to the Central Bureau of Investigation (CBI). The petitioner alleged that the investigation by the Whitefield Police Station was biased and not impartial. The High Court of Karnataka, after hearing the parties, held that mere apprehension of bias is not sufficient to transfer investigation to CBI. There must be credible material to show that the investigation is not fair or that there are exceptional circumstances warranting such transfer. The court found no such material and dismissed the petitions.
Headnote
A) Criminal Procedure - Transfer of Investigation - CBI Investigation - Petitioner sought transfer of investigation in two FIRs to CBI alleging lack of impartiality by local police - Court held that mere apprehension of bias is not sufficient; there must be credible material to show that investigation is not fair or that there is a need for CBI investigation - Petition dismissed as no exceptional grounds made out (Paras 1-3).
Issue of Consideration
Whether the investigation in FIR Nos. 0486/2017 and 0500/2017 should be transferred to the Central Bureau of Investigation (CBI) for a fair and impartial investigation.
Final Decision
The writ petitions are dismissed. No order as to costs.
Law Points
- Transfer of investigation
- CBI investigation
- FIR
- Articles 226 and 227 of Constitution of India
- inherent powers of High Court
- impartial investigation
