Case Note & Summary
The petitioners, Vasanti Rajaram Mane and Amarsinh Balkrishna Mane, filed a writ petition in 2018 seeking a direction to transfer the investigation of C.R. No.I-177 of 2017 registered at Shirol Police Station, Kolhapur, to the Criminal Investigation Department (CID), Pune. The petitioners alleged that the husband of petitioner No.1 was mentally tortured and harassed by threats of registration of false, fabricated, and bogus criminal offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. They claimed that the local police were acting malafide and that a fair investigation was not possible. The respondents, including the State of Maharashtra and police officials, opposed the petition. The court, after hearing the parties, noted that the petition was pending since 2018 and that the petitioners had not placed any credible material on record to substantiate the allegations of malafide or false implication. The court observed that the mere filing of a case under the SC/ST Act does not automatically warrant transfer of investigation. The court dismissed the petition, holding that there was no merit in the prayer for transfer of investigation to CID.
Headnote
A) Criminal Procedure Code - Transfer of Investigation - Writ of Mandamus - The petitioners sought transfer of investigation to CID alleging false implication under SC/ST Act. Court held that without credible evidence of malafide or failure of investigation, transfer cannot be ordered. (Paras 1-6) B) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - False Implication - Allegations of mental torture and threats of registration of false cases under the Act. Court found no material to support the claim of false implication and dismissed the petition. (Paras 3-6)
Issue of Consideration
Whether the investigation in C.R. No.I-177 of 2017 should be transferred to the Criminal Investigation Department, Pune, on the ground that the petitioners' husband was falsely implicated under the SC & ST (Prevention of Atrocities) Act, 1989.
Final Decision
The petition is dismissed. Rule discharged. No order as to costs.
Law Points
- Transfer of investigation
- Writ of mandamus
- SC & ST (Prevention of Atrocities) Act
- 1989
- Malafide investigation
- Police investigation
- Criminal Procedure Code
- 1973
