Case Note & Summary
The petitioners, Vasanti Rajaram Mane and Amarsinh Balkrishna Mane, filed a writ petition in 2018 seeking a writ of mandamus to transfer the investigation in 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 biased and had registered multiple false FIRs against them. The respondents, including the State of Maharashtra and police officials, opposed the petition. The court, after hearing arguments, observed that the investigation had already been completed and a charge-sheet had been filed. The court held that the power to transfer an investigation under Article 226 of the Constitution is exercised sparingly and only in exceptional circumstances where mala fides or bias are clearly established. The court found that the petitioners had failed to demonstrate any mala fides or bias on the part of the investigating agency. The mere registration of multiple FIRs, without more, does not warrant a transfer of investigation. Consequently, the court dismissed the petition, finding no merit in the petitioners' contentions. The rule was discharged, and no order as to costs.
Headnote
A) Criminal Procedure Code - Transfer of Investigation - Article 226 of the Constitution of India - Mala Fides - The petitioners sought transfer of investigation from local police to CID alleging false registration of multiple FIRs under SC/ST Act. The court held that mere registration of multiple FIRs does not establish mala fides or bias, and the power to transfer investigation under Article 226 is exercised sparingly and only in exceptional circumstances. The petition was dismissed as no case for transfer was made out. (Paras 1-6) B) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - False Cases - Allegation of Abuse - The petitioners contended that the husband of petitioner no.1 was threatened with false cases under the SC/ST Act. The court noted that the investigation was already completed and charge-sheet filed, and no mala fides were demonstrated. The petition was dismissed. (Paras 2-6)
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 of alleged mala fides and bias by the local police.
Final Decision
The petition is dismissed. Rule discharged. No order as to costs.
Law Points
- Transfer of investigation
- Mala fides
- Article 226
- SC/ST Act
- Writ of mandamus
- Investigation by CID
