Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY : NAGPUR BENCH : NAGPUR.
VINAY JOSHI, VRUSHALI V. JOSHI, JJ.
Shahrukh Ziya Mohammad – Appellant
Versus
The State of Maharashtra – Respondent
Criminal Writ Petition No. 441 of 2024.
Decided on : 30-08-2024
Transfer - Investigation - Indian Penal Code, Motor Vehicles Act - The court emphasized the necessity of a fair and impartial investigation, citing the police's failure to perform their statutory duty, leading to the transfer of the case to the State CID for proper investigation.
Fact of the Case:
A woman drove under the influence of alcohol, causing a fatal accident. The police investigation was alleged to be biased and ineffective, prompting the victim's family to seek a transfer of the investigation to ensure fairness.
Finding of the Court:
The court found substantial evidence of police negligence and bias in the investigation, which undermined public confidence and the victims' right to a fair trial, warranting the transfer of the case to the State CID.
Issues: Whether the investigation into the fatal accident was conducted fairly and impartially, and if the transfer of the investigation to the State CID was justified.
Ratio Decidendi: The court held that a fair investigation is a constitutional right, and if the police fail to perform their duty, the court must intervene to ensure justice.
Result: The investigation was transferred to the State CID for a thorough and impartial inquiry.
JUDGMENT :
(PER VINAY JOSHI, J.) :
Heard. Rule. Rule made returnable forthwith and with the consent of the learned Counsel appearing for the parties, the matter is taken up for final disposal.
2. This petition is filed in terms of Article 226 of the Constitution of India seeking a writ of mandamus for transferring the investigation to the State Crime Investigation Department (CID) for fair, proper and impartial investigation in the matter of first information report bearing Crime No.122/2024 registered with Tahsil Police Station, Nagpur, for the offence punishable under Sections 304-A, 279, 337, 338 of the Indian Penal Code and Section 184 of the Motor Vehicles Act.
3. At the outset it can be stated that on the intervening night of 24.02.2024 to 25.02.2024 a lady namely Ritika Malu drove her car in excessive speed under influence of liquor. She gave dash to a two wheeler from behind, which took life of two youngsters. A crime, came to be registered at the instance of kin of one of the deceased. The aspect of arrest of Ritika Malu (accused) is entangled in legal process till date, to which we are coming shortly.
4. Since beginning the first informant and kins of the deceased are blaming the police for shielding the accused. It is alleged that the investigation was purposely delayed to facilitate a safe passage to the accused in future trial. The investigating officer (IO) has deliberately kept certain lacunae at the behest of influential accused. Despite seriousness, due to dilly-dally tactics adopted by the police, the family of the victim has lost faith in the investigating agency which caused them to make several representations. Since no cognizance was taken by the higher police authorities, as well as by the State, they are invoking writ jurisdiction of this Court for transfer of investigation.
5. At the inception it necessitates us to quote few factual aspects in tabular form for the purpose of quick understanding.
| Dates | Events |
| 25.02.2024 | Incident [accident] took place around 1.30 to 1.45 a.m. at Ramjhula Bridge, in which two person died. |
| 25.02.2024 | First information report bearing Crime No.122/2024 was registered around 9.31 a.m. with Tahsil Police Station, Nagpur for the offence punishable under Sections 304-A, 279, 337, 338 of the Indian Penal Code and Section 184 of the Motor Vehicles Act. |
| 25.02.2024 | Blood sample of accused Ritika Malu was taken at 7.30 a.m. for analysis |
| 25.02.2024 | Panchnama of the scene of offence was drawn in between 9.30 a.m. to 10.10 a.m. |
| 25.02.2024 | Accused Ritika Malu was arrested, produced before the Magistrate and released on bail. (Bailable offences) |
| 02.03.2024 | Police have added Non-bailable sections i.e. Section 304, 427 of the Indian Penal Code and Section 185 of the Motor Vehicles Act. |
| 07.03.2024 | Police applied for cancellation of bail and permission to re-arrest. |
| 12.03.2024 | Accused Ritika Malu filed pre-arrest bail in which interim protection was granted on 13.03.2024. |
| 03.04.2024 | Application of police dated 07.03.2024 came to be rejected by the Magistrate. |
| 03.04.2024 | Application was filed by the police for cancellation of bail and permission to rearrest, which was rejected. |
| 24.05.2024 | Pre-arrest bail application was rejected by the Sessions Court. |
| 27.05.2024 | Application filed by the prosecution seeking permission to rearrest was withdrawn as not pressed. |
| 26.06.2024 | This Court has rejected the pre-arrest bail application of accused Ritika Malu. |
| 01.07.2024 | Accused Ritika Malu surrendered / arrested before/by the Police. |
| 02.07.2024 | Accused was produced before the Magistrate who refused P.C. and released the accused by holding that the arrest is illegal. |
| 05.07.2024 | Police filed an application seeking permission to rearrest. |
| 09.07.2024 | Ap |
The court established that the right to a fair investigation is fundamental, and failure by the police to uphold this right necessitates judicial intervention.
If a citizen, who is a defacto complainant in a criminal case alleging commission of a cognizable offence affecting violation of his legal or fundamental rights against influential persons, prays bef....
Victim has a fundamental right of fair investigation and fair trial – Mere filing of charge-sheet and framing of charges cannot be an impediment in ordering further investigation/re-investigation/de ....
Judicial intervention in criminal investigations is warranted to ensure fair process and public trust when local authorities are ineffective or biased.
Point of law: Magistrate's power Under Section 156(3) of the Code of Criminal Procedure is very wide, for it is this judicial authority that must be satisfied that a proper investigation by the polic....
Criminal Law - Transfer of investigation - Not rarest of rare case - Investigation to be conducted officer above rank of A.C.P.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
