JUDGMENT 1. - This writ petition under Article 226 of the Constitution of India has been filed with the prayer that the State Government be directed to hand-over the investigation of this case to the Central Bureau of Investigation for investigating into the case registered under S. 302 IPC at police station, Jawahar Nagar, Jaipur vide FIR No. 281/91. 2. Brief facts leading to this petition are that on 18-11-1991 Rakesh son of the petitioner, who is a student in the College, returned home at 4.00 p.m. At that time his father who is a practising lawyer was in the court. He did not find his mother in the house so he looked after her around the house and then went to his father's Chamber which is on the first floor where he found his mother lying on the floor, with her Sari tied round her neck, bangles were lying broken and there was a pool of blood. He immediately came out and called the neighbour and Dr. Karan Singb. Rakesh's cousin Maneesha told him that she had been there at about 3.30 p.m. and at that time she had seen two persons near the stair-case going towards the main gate. She took them to be the petitioner's clients. Maneesha stated that she can identify the persons if they are brought before her. It appears that these persons are the murderers of his mother. He could not say as to whether anything had been taken away by them or not at that stage. He gave out the name of bis mother as Krishna Yadav aged 42 years. A report to the aforesaid effect was lodged at the police station, Jawahar Nagar at 5.40 p.m. on which a case under S. 302 IPC was registered. Ever since then the case is being investigated but there is no clue for the murder so far. 3. The petitioner's case is that he is a very prominant lawyer practising on the criminal side, he is also participating in the political activities and had been championing the cause of downtrodden and fighting for implementation of the Mandal Commission's Report, hence there are several persons who are annoyed with him and could harm him in order to curtail his activities. The petitioner's grievance is that from the very beginning the police did not take interest required for the purpose of investigating the crime, in as much as neither the services of Dogs Squade were pressed into service nor proper steps were taken to immediately take the finger prints etc. The case of the petitioner is that his wife's murder had rocked the city and specially the lawyers community in Jaipur, in as much as the murder was followed by students' agitation as well as Jaipur Band. The petitioner submits that he has no faith left in the local police which has failed to find out any clue of the murder though more than 21/2 months have elapsed and more particularly when the house of the petitioner is situated in a thickly populated area with the main gate on the National Highway. It was a broad day murder between 3.004.00 p.m. which has created terror in the mind of the neighbours in particular and citizens of Jaipur in general. The petitioner's further case is that he talked to the S.H.O., police station, Jawahar Nagar and the Circle Officer Shri V.K. Gupta who told him that they are not in a position to trace out the culprits and the DIG Jaipur City had told him that within 15 days they will solve the problem but nothing could be done so far. It has been told to the police and it is in its knowledge that there were two witnesses who bad seen the accused coming out of the house and they were Kumari Maneesha, daughter of brother-in-law (Sadu) of the petitioner and one Hemant Pareek who is friend of the petitioner's son. These two persons had given the description of the culprits to the police and no effort was made to get their scratche prepared on the basis of the description. The petitioner's case is that only few days earlier he had been a counsel in one of sensational murder case at Jaipur and there were persons who kept vengeance with him on this count Besides this, the accused involved in that case were relations of political high ups. 4. On behalf of the State the allegations levelled are denied. It is stated that the police arrived at the spot at 5.20 p.m. and got busy in investigation. According to him before the police arrived persons live Dr. 4. On behalf of the State the allegations levelled are denied. It is stated that the police arrived at the spot at 5.20 p.m. and got busy in investigation. According to him before the police arrived persons live Dr. Karan Singh, other neighbours and relatives had already arrived at the spot there is permanent constructed floor and coaltar road out side with frequent traffic, hence there was no utility of employing a dog squade for the purpose of investigation and tracing the culprits by this process would have been futile. In such circumstances there was the slackness on the part of the police officials in making use of dog-squade and finger prints Experts. It is submitted that investigation has been carried out skillfully and efficiently and no case for transfer of the investigation to the C.B.I. is made out. It is submitted that best efforts are being made to solve the crime. But the cause of murder could not be traced out so far and, therefore, the culprits are not known and consequently are not traced out. 5. It may be mentioned here that by way of re-joinder certain allegations were made against some political leaders which however, not pressed subsequently and were withdrawn. 6. I have given my thoughtful consideration to the rival contentions, perused the record and have also gone through the case law cited by the learned counsel for both the parties. 7. In State of West Bengal and others v. Sampatlal and others : AIR 1985 SC 195 their Lordships of the Supreme Court held : "The appointment of Special Officer with a direction to inquire into the commission of an offence can only be on the basis that there has not been a proper investigation. 7. In State of West Bengal and others v. Sampatlal and others : AIR 1985 SC 195 their Lordships of the Supreme Court held : "The appointment of Special Officer with a direction to inquire into the commission of an offence can only be on the basis that there has not been a proper investigation. Thus where in a case of mysterious death of two young boys, though the police investigation was pending, the High Court had on the basis of two letters of the citizens of the particular locality and on basis of newspaper reports, directed the State Govt, to appoint a Special Officer in whom the powers of inquiry was to be vested, after issuing notice to the State Govt, but without affording an opportunity of being heard to the State Govt, or its officers, and without the papers of investigation laid before it for being satisfied that the investigation had either not been proper or adequate the order of appointment of Special Officer would be liable to be set aside". Aforesaid judgment was considered by the Division Bench judgment of this Court and their Lordships of the Division Bench laid down guidelines for considering the cases which could be handed over to the C.B.I, for investigation. 8. In State of Raj. & Ors. v. Phool Chand Garg, & Anr. 1989 (1) RLR 178 after reviewing the entire case law including Manohar Lal v. Vijai Lai, 1986 RLW 127 and State of West Bengal & Ors. v. Sampat Lal & Ors. AIR 1985 SC 195 following four guidelines were enumerated. (i) If an application for transfer of investigation from local police to C.B.I. is given in this Court, notice must be given to the State, the investigation file must be called for perusal and it is not necessary to give any notice to the accused person because the object of investigation is to collect evidence. (ii) Generally, the starting investigating agency i.e. the officer of the police where the FIR is lodged should be allowed to continue the investigation and on being satisfied on material on record that the investigating officer is not conducting the investigation on proper lines and is trying to save the real accused, this court should transfer the investigation from the local police to CBI. (iii) The transfer of the investigation from local police to the C.B.I. should not be made merely on asking. (iii) The transfer of the investigation from local police to the C.B.I. should not be made merely on asking. (iv) In case the charge-sheet is filed and cognizance is taken by the Magistrate, then proper course for the court will be to direct the concerned Magistrate, if necessary to proceed under S. 173 (8) Cr. PC. but in case the court is satisfied that there is prima facie proof against the person against whom neither charge sheet has been filed nor cognizance has been taken, and that the case is of serious nature, the court after giving notice to the aforesaid person may make the appropriate order, and any order in respect of further investigation shall be considered to be an order made under S. 173 (8) Cr. PC". Infact learned counsel for both the parties have relied on this decision. My attention was also drawn to a Division Bench, judgment in Thakurdas v. State of Raj. D.B Habeas Corpus Petition No. 357/1986, decided on 25-5-1987 wherein even it was not known us to whether girl named Mst. Manju was alive or dead despite investigation by the local police and, therefore, the court handed over the investigation to the C.B I. In yet another Division Bench case Chandra Mohan v. The State of Raj, D.B. Civil Special Appeal (Writ) No. 355/1986 decided on 11-1-87 myself sitting with Hon'ble Justice S.C. Agrawal, as then he was, considered the law including the case State of West Bengal & Ors. v. Sampat Lal & Ors. ( AIR 1985 SC 195 ) directed the state Government to hand over the Investigation to S.P., S.P.E. (CIB), Jaipur as we found that there were some blurred areas left out during investigation. 9. From the careful study of the aforesaid case law it is clear that normal rule is that the case should be investigated by the local police and the court should not interfere with the course of investigation in the State by local police authorities unless exceptional case is made out and further that the court is of the opinion that either some blurred areas are being left out which require to be investigated or that it require special machinery having expertised to investigate in such a crime. Further before taking any decision about transfer of investigation it is essential that entire case diary of the case should be perused, and it is only thereafter that it should arrive at a conclusion whether it is a fit case where investigation should be transferred. Thus the facts and circumstances of each case would determine as to whether the case is one which requires to be investigated by the C.B.I. In this view of the matter I had sent for the case diary and have gone through the same carefully. I am conscious of the fact that nothing mentioned in the case diary should be brought out in this order, since it is either, likely to affect the course of investigation in future or prejudice the case of either of the parties at a subsequent stage. The only purpose for going through the case diary at this stage is to satisfy myself as to whether this is a fit and proper case where the investigation onwards should be transferred to the Central Bureau of Investigation. 10. A perusal of the case diary convinced me that the investigating officer in this case has been taking pains and has done his best under the given circumstances to unearth the mistery. 1 may state that part of the criticism against the investigation so far is not that it relates to lack of knowledge of the investigating officer but is concerning the limitations he has in detecting the crime and that there is no will to work for the reasons best known. 1 am not prepared to accept for a moment that there is lack of will on the part of the investigating officer to detect the crime, on the contrary the fact is otherwise. But in a case like the present were the complainant has multifarious activities there chances cannot be ruled out that some potential rival intended to limit his sociopolitical activities by trimming his wings through the process of terrorism, then it requires a term to investigate into such a crime. But in a case like the present were the complainant has multifarious activities there chances cannot be ruled out that some potential rival intended to limit his sociopolitical activities by trimming his wings through the process of terrorism, then it requires a term to investigate into such a crime. Again the complainant admittedly is seasoned and fairly senior lawyer practising on the criminal side who had also been not only the President of the Bar Association but also has headed social institutions and was presently actively engaged in counteracting anti reservation stir and is an ardent supporter for implementation of the Mandal Commission Report he might have created several enemies knowingly. The complainant then has a suspicion since he is a counsel in one of the sensational murder cases where the various communities are involved, this could be one of the ways to indirectly pressurising that this would be the fate in defending such a case. There is no denying that investigation in this case had also been done in the light the complainant suspected. Yet I feel that here is a case where simultaneous investigation by team of officers would have yielded and would yield better results. It is not that there is no confidence in the local police, despite perennial and justifiable criticism as to its philosophy and method or that the efficiency is basically judged on the quality of initial work done, yet for a common man comparisons of efficiency are frequently drawn between local police and Central Bureau of Investigation, though the problems of both these two systems of police investigation are identical. Still it cannot be disputed that the latter is better equipped, as their system of investigation is based on better equipped scientific methods and therefore scientific detection, The scientific detection of the criminals and the investigation of the crimes which is commonly known as 'criminalist'. According to Hens Gross, 'Investigation must indicate that it has a field which not only concerns protecting the innocent from unjust convictions but in reality is a composite science that deals with the police investigation of the crimes and calls into use of branches of unjust, especially those dealing with physical phenomena, that will aid in reaching its final objectives". According to Hens Gross, 'Investigation must indicate that it has a field which not only concerns protecting the innocent from unjust convictions but in reality is a composite science that deals with the police investigation of the crimes and calls into use of branches of unjust, especially those dealing with physical phenomena, that will aid in reaching its final objectives". The experience has shown that the Central Bureau of Investigation is equipped with laboratories which have the fields of special study (in words of Barnes and Teeters) which represents a sampling of what now undertaken by the first class police laboratory and by no means exhaust the areas in which science comes to the aid of efficient police system. Thus the modern police technic and modern criminal investigation borrows from all the sciences, may it be, may include finger printing, examination of blood and hair, strains, dust particles spectrography, photometry luminescence analysis, dectylos copy or for that pressing Dog Squade into service. The important feature of the modus apprendi technic is the classification of the clues which the criminal might have left and definitely a team of persons could do much better than a single handed investigation by the investigating officer as has been done in the instant case. 11. It may also be noted that more the time elapses lessor are the chances of detection of the crimes. More than 21/2 months have elapsed and despite the best efforts of the investigating officer the crime could not be detected so far. I have already said that there is no lack of skill and efficiency of the investigating officer, yet this case in particular, for the reasons stated above, puts special features where not for the satisfaction of the complainant but for restoration of the confidence of the people, it J is essential that investigation may be handed over to the Central Bureau of investigation. I have already stated above that this is no way in order either to undermine the efficiency of the local police or to indicate lack of will on the part of the investigating officer to detect crime but to ensure that a better equipped agency in the circumstance of the case may help in detecting ghastly crime where wife of a prominent multidimensional personality is involved where there could be several causes for commission of the crime including the one of terrorising the community of the lawyers as a whole. It has already been laid down in the case cited above i e. State of Raj & Ors. v. Phoolchand & Ors. ( 1989 (1) RLR 178 that condition of the State Government is not a condition precedent and does not limit the powers of this court to transfer investigation to the Central Bureau of Investigation even if the offences are not notified under S. 32 of the Delhi Special Police Establishment Act, 1946. 12. For the reasons stated above, this writ petition is allowed and respondent No 1 is directed to transfer the investigation in this case to the Director, Central Bureau of Investigation, Delhi who shall get the case investigated.Writ allowed. *******