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2022 Supreme(SC) 1701
SUPREME COURT OF INDIA
M.R. Shah, M.M. Sundresh, JJ.
M.S. Radhakrishnan – Appellant
Versus
The State of Karnataka & Ors. – Respondents
Writ Petition (Crl.) No. 347 of 2022
Decided On : 03-11-2022
Mr. Jogy Scaria, Advocate, Ms. Beena Victor, Advocate, Mr. Ravi Lomod, Advocate, Mr. Keerthipriyan E., Advocate, Ms. M. Priya, Advocate, Ms. Varsha Awana, Advocate, Mr. Vinoth Yadav, Advocate, For the Appellant / Mr. Shubhranshu Padhi, Advocate, Mr. Vishal Bansal, Advocate, Mrs. Rajeshwari Shankar, Advocate, Mr. Niroop Sukirthy, Advocate, Mr. Mohd. Ovais, Advocate, For the Respondent.
Failure of Investigating Agency to conduct a thorough and proper investigation, leading to the transfer of the investigation to the CBI.
Headnote:
Investigation - Transfer to CBI - Failure of Investigating Agency
Fact of the Case:
A father approached the court to transfer the investigation of his son's alleged murder to the CBI, as he was dissatisfied with the investigation conducted by the CID, Bengaluru.
Finding of the Court:
The court found that the Investigating Agency had failed to thoroughly investigate the case and had filed an abated charge-sheet against the deceased, which was set aside. The court allowed the writ petition and directed the transfer of the investigation to the CBI, with the CBI expected to submit periodical status reports and conclude the investigation promptly.
Issues: Failure of Investigating Agency, Transfer of Investigation to CBI, Setting aside of abated charge-sheet
Ratio Decidendi: The court's decision was based on the unsatisfactory investigation conducted by the CID, Bengaluru, and the need for a thorough and proper investigation to uncover the truth in the case of alleged murder.
Final Decision: The court allowed the writ petition, directed the transfer of the investigation to the CBI, set aside the abated charge-sheet, and ordered the Investigating Agency to hand over the case records to the CBI. The writ petition was allowed with costs to be paid by the CID, Bengaluru to the petitioner.
ORDER
1. This is a case where a poor father, whose son has been killed/alleged to be murdered has approached this Court for appropriate order directing the (H&B) CID, Bengaluru-Respondent No.5 herein to transfer the further investigation in Crime Case No. 65 of 2014 registered with Panambur P.S. Mangaluru, Karnataka to the Central Bureau of Investigation [CBI] Bengaluru, Karnataka.
2. Pursuant to the earlier order passed by this Court dated 26.09.2022, Respondent No.5-CID, Bengaluru/Investigating Agency, which was directed to further investigate in the matter has submitted the status report.
3. From the report, it appears that except again obtaining the further Expert opinion from the Department of Forensic Medicine and Toxicology, Bangalore Medical College and Research Institute, Bangalore, there is no further investigation carried out.
4. On the contrary, an abated charge-sheet has been filed against the deceased for the offence under Sections 279, 304(A) IPC read with Section 185 of the Motor Vehicles Act. It is unheard of that an abated charge-sheet can be filed against the deceased who is alleged to have been murdered/killed. Even otherwis e, on prima facie consideration of the relevant material on record, more particularly, the photographs produced along with the writ petition, it appears prima facie that it is not a case of simple accident as opined by the Investigating Agency.
5. We are not at all satisfied with the further investigation carried out by the Investigating Agency-CID, Bengaluru. The truth must come out after thorough and proper investigation by the Investigating Agency.
6. In the present case, the Investigating Agency - CID, Bengaluru has failed to perform its duty by not thoroughly investigating the case and tried to find out the truth.
7. Under the circumstances, this a fit case to exercise the powers under Article 32 of the Constitution and to transfer the investigation of the case to the CBI, Bengaluru.
8. In view of the above and for the reasons stated above, the present Writ Petition stands allowed. The Investigating Agency HNB - CID, Bengaluru is hereby directed to transfer the investigation in Crime Case No. 65 of 2014 registered with Panambur P.S., Mangaluru to the CBI, Bengaluru, Karnataka and the CBI, Bengaluru, Karnataka is hereby directed to conduct the further investigation.
9. The CBI is, hereby, directed to submit the periodical status report before the High Court every two months on the further investigation carried out. The CBI, Bengaluru, Karnataka is expected to conclude the investigation as early as possible, considering the fact that the incident is of 2014 and the petitioner-father of the deceased is waiting for justice.
10. The present Investigating Agency is directed to handover the entire records of the case to the CBI, Bengaluru within a period of two weeks from today, after getting the same back from the concerned Court.
11. Having been satisfied that there is no proper investigation on the allegation of murder and/or the deceased being killed, we set aside the abated charge-sheet filed against the deceased for the offence under Sections 279, 304(A) IPC read with Section 185 of the Motor Vehicles Act. However, at the same time, whatever the material is collected during the investigation/further investigation be transferred to the CBI, Bengaluru, as ordered hereinabove.
12. The Writ Petition is, accordingly, allowed with costs, which is quantified at Rs.1,00,000/- to be paid by the CID, Bengaluru to be paid to the petitioner within a period of four weeks from today.
