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2021 DIGILAW 173 (AP)

Shaik Khajavali, S/o Ibrahim v. Union of India rep. , by its Secretary, Ministry of Home Affairs

2021-03-20

ARUP KUMAR GOSWAMI, C.PRAVEEN KUMAR

body2021
ORDER : ARUP KUMAR GOSWAMI, J. 1. This petition, in the nature of Public Interest Litigation, is filed for a writ of mandamus directing the respondents to hand over the case in Crime No.553 of 2020 dated 08.11.2020 on the file of I Town Police Station, Nandyala, Kurnool District, registered for the offences under Sections 323, 506, 509, 306 r/w 34 IPC to the Central Bureau of Investigation (CBI), on the ground that some of the accused persons are the employees of the State Police Department, as Inspector of Police and constables. 2. At the very outset, it has to be noticed that the said police officers had been suspended and arrested. 3. Respondent No.7, who is the Superintendent of Police, Kurnool, had filed an affidavit stating that investigation is being done in the right direction and no case is made out warranting transfer of the case to CBI. 4. Respondents No.5 and 6, who are Director and Superintendent of Police, Central Bureau of Investigation, respectively, had filed an affidavit through the Superintendent of Police, Head of the Branch, CBI, ACB, Visakhapatnam, stating that their branch is over burdened with investigation into a large number of Anti-Corruption Cases and Bank frauds and that apart, the offences in the instant case do not have any inter-state or international ramifications and those can be investigated by a specialized agency of the State police authorities. 5. It is no longer res integrathat power to issue a direction for investigation by CBI, while exercising jurisdiction under Article 226 of the Constitution of India, should be exercised only in rare and exceptional cases, on being satisfied on the basis of the materials on record that the case requires to be transferred to CBI for fair investigation, and such power should not be exercised in a routine manner. In the case of State of West Bengal and Others v. Committee of Protection of Democratic Rights, West Bengal and others reported in (2010) 3 SCC 571 , the Hon’ble Supreme Court reiterated that extra ordinary power to transfer the cases must be exercised sparingly and cautiously and in exceptional situations where it becomes necessary to provide credibility and instil confidence in investigation or where the incident may have national or international ramifications or where such an order may be necessary for doing complete justice and enforcing fundamental rights. It was further observed that otherwise, the CBI would be flooded with a large number of cases, and with the limited resources, it may find difficult to properly investigate even serious cases and in the process lose its credibility and purpose with unsatisfactory investigations. 6. In the instant case, FIR is lodged with the allegation that as a result of making a person an accused in a theft case, he, along with his family members, committed suicide and in that circumstance, police personnel in the police station concerned were arrayed as accused. 7. We are of the considered opinion that this is not a fit case for exercising discretion to transfer the case to C.B.I. Resultantly, we decline to accede to the prayer made by the petitioner. 8. Accordingly, the petition is disposed of with no costs. Pending miscellaneous applications, if any, shall stand closed.