Case Note & Summary
The present petition was filed in 2018 by Vasanti Rajaram Mane and Amarsinh Balkrishna Mane seeking a writ of mandamus to direct the transfer of investigation in C.R. No.I-177 of 2017 registered at Shirol Police Station, District 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 contended that the local police were acting malafide and that a fair investigation would not be possible without transfer to CID. The respondents, represented by the State of Maharashtra and police officials, opposed the petition. The court, after hearing the parties, observed that the petitioners failed to produce any concrete material to demonstrate bias or incompetence on the part of the investigating agency. The court noted that mere allegations of false implication are not sufficient to justify transfer of investigation, as the power to transfer is exercised sparingly and only in exceptional circumstances. Consequently, the court dismissed the petition, finding no merit in the prayer for transfer of investigation.
Headnote
A) Criminal Procedure - Transfer of Investigation - Writ of Mandamus - SC & ST (Prevention of Atrocities) Act, 1989 - The petitioners sought transfer of investigation to CID alleging false implication and malafide investigation - Court held that mere allegations of false implication without concrete evidence of bias or incompetence of the investigating agency are insufficient to warrant transfer - Petition dismissed as no case for transfer made out (Paras 1-6).
Issue of Consideration
Whether the investigation in C.R. No.I-177 of 2017 should be transferred to the Criminal Investigation Department (CID) 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
