2024 Supreme(SC) 1132

SUPREME COURT OF INDIA
B. V. NAGARATHNA, PANKAJ MITHAL, JJ.
Kabir Shankar Bose – Appellant
Versus
State Of West Bengal & Ors. - Respondents
Writ Petition (Crl.) No. 416 of 2020
Decided on : 04-12-2024

IMPORTANT POINTS
(1) Crimes investigation – No party, either accused or complainant/informant, is entitled to choose investigating agency or to insist for investigation of crime by a particular agency – Power to transfer inquiry or trial is exercised through intervention of constitutional courts in exceptional circumstances.
(2) Crimes investigation – Investigation should not only be credible but also appear to be credible – Law requires that justice may not only be done but it must appear to have been done – Matter of entrusting investigation to a particular agency is basically at discretion of court which has to be exercised on sound legal principles.

Headnote:

(A) Criminal Procedure Code, 1973 – Section 173 [Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 193] – Constitution of India – Article 32 – Crimes investigation – Petition seeking transfer of investigation in pursuance of FIRs to any independent agency – No party, either accused or complainant/informant, is entitled to choose investigating agency or to insist for investigation of crime by a particular agency – Power to transfer inquiry or trial is exercised through intervention of constitutional courts in exceptional circumstances and constitutional courts are expected to use the extraordinary power sparingly, cautiously and in exceptional situation where it becomes necessary to provide credibility and instil confidence in investigation or where incident may have national or international ramifications or where it is necessary for doing complete justice and enforcing fundamental rights – Transfer of any investigation may not be ordered by court in a routine/perfunctory manner or merely for reason that one party makes allegations against other. (Paras 28 and 29)

(B) [Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 193 [Erstwhile, Criminal Procedure Code, 1973 – Section 173] – Constitution of India – Article 32 – Crimes investigation – Petition seeking transfer of investigation in pursuance of FIRs to any independent agency – Investigation should not only be credible but also appear to be credible – Law requires that justice may not only be done but it must appear to have been done – Matter of entrusting investigation to a particular agency is basically at discretion of court which has to be exercised on sound legal principles – Presence of complainant/informants are not very necessary before Court – Case involves investigation of role of CISF or its personnel which cannot be left in hands of local police also for reasons of conflicting interests – It is not appropriate to permit local police to examine conduct of CISF personnel in instant case – No prejudice would be caused to either of parties if investigation is conducted by an independent agency other than State police – Investigation in pursuance of two FIRs is at a nascent stage – Instead of keeping investigation pending for an indefinite period, investigation be transferred to CBI – State-respondents directed to handover investigation pursuant to two FIRs to CBI along with all records. (Paras 32, 33, 34, 35 and 36)

Facts of the case:

Petitioner who is an Advocate by profession as also being in politics contends that he has a fundamental right to have fair investigation in connection with FIR No.400 of 2020 dated 07.12.2020 lodged against him with Police Station Serampore, West Bengal under Sections 341, 323, 325, 326, 307, 354, 504, 506, 34 of Indian Penal Code and FIR No. 401 of 2020 dated 07.12.2020 again with Police Station Serampore, West Bengal under Section 341, 325, 354A, 34 IPC. He has invoked jurisdiction of this Court under Article 32 of Constitution of India seeking a writ in the nature of mandamus commanding respondent authorities to transfer investigation in pursuance of the FIRs to any independent agency other than the local police, namely, Central Bureau of Investigation, [‘CBI’] or Special Investigation Team[In short ‘SIT’].

Findings of Court:

It is admitted on record that investigation in pursuance of two FIRs is at a nascent stage and that it had not proceeded any further, due to interim order dated 13.01.2021, till date. Therefore, it is but natural to get investigation completed at the earliest. Primary object is to ensure fair completion of investigation so that, if necessary, trial may proceed.

Result : Writ Petition allowed.