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2000 Supreme(Pat) 1346
PATNA HIGH COURT
M.L.Visa, J.
Janardan Rai
Versus
State Of Bihar
Criminal Writ Jurisdiction Case No. 411 of 2000 ;
Decided On : DECEMBER 20, 2000
The main legal point established is that the investigation of criminal cases must be fair and impartial, and any transfer of investigation should be justified and free from political influence.
Headnote:
Investigation - Quashing of Investigation Order - Crime Branch (CID) - Udakishanganj P.S. Case Nos. 66 of 2000, 67 of 2000 and 68 of 2000 - [Annexure-1, Annexure-3, Annexure 4 series, Annexure 5]
Fact of the Case:
The petitioner filed an application for quashing the order to hand over the investigation of Udakishanganj P.S. cases back to the District Police, alleging that the transfer was unjustified and lacked reason.
Finding of the Court:
The court found that the transfer of investigation lacked a cogent reason and was influenced by political motivations rather than the fair and impartial investigation of the cases.
Issues: The main issue was the justification for transferring the investigation back to the District Police despite allegations against them and the involvement of the Crime Branch (CID) in the investigation.
Ratio Decidendi: The court held that the transfer lacked a valid reason and was influenced by political pressure, emphasizing the need for fair and impartial investigation in criminal cases.
Final Decision: The court allowed the application and quashed the order to transfer the investigation back to the District Police, directing that the investigation be conducted by the Crime Branch (CID) in accordance with the law.
M.L.Visa, J.
1. Heard learned counsel for the parties.
2. This application has been filed for quashing he letter contained in Memo No. 2198/C dated 26h July, 2000 (Annexure-1) issued by the Deputy Inspector General of Police (Crime Branch), C.I.D., Bihar, Patna (respondent No. 4) for handing over the investigation of Udakishanganj P.S. Case Nos. 66 of 2000, 67 of 2000 and 68 of 2000 again to the District Police.
3. The case of the petitioner is that the petitioner is an accused in Udaki- shanganj P.S. case No. 66 of 2000, 67 of 2000 and 68 of 2000 and investigation of these cases was taken up by Udakishanganj police but wife of petitioner Smt. Geeta Devi filed an application (Annexure-3) before the Inspector General of Police (Crime Branch) C.I.D. levelling certain allegations against local police and after taking into consideration the allegations against the local police the investigation of the aforesaid cases was taken over by the Crime Branch (C.I.D.) and letters (Annexure 4 series) were issued to this effect but thereafter again investigation of these cases has been handed over to local police without assigning any reason why investigation has been taken back from the Crime Branch (CID). The petitioner has prayed for quashing the order by which investigation of the aforesaid cases has been handed over again to the district police.
4. Separate counter-affidavits on behalf of Deputy Inspector General of Police (Crime Branch) C.I.D., Bihar Patna (respondent No. 4) and Superintendent of Police, Madhepura (respondent No. 6) have been filed. In the counter-affidavit filed on behalf of respondent No. 6 it has been admitted that the investigation of the cases was taken over by Crime Branch (CID). It has further been averred in the counter-affidavit that this issue was raised by the Industries Minister, Sri Ravindra Charan Yadav and the Chief Secretary issued a letter to D.G.P.-cum-I.G. for knowing the actual facts and thereafter the investigation has been again handed over to district police. The case of respondent No. 4 is that he supervised the cases and examined all the material witnesses who supported the involvement of petitioner in the offences and allegation made by wife of petitioner against the local police is baseless and politically motivated and was levelled only in order to save her husband. On the other hand, in the counter-affidavit filed on behalf of respondent No. 4 it has been stated that on the allegations levelled by the wife of the petitioner against the local police, I.G. (CID) directed the matter to be probed by C.I.D. and Mani Kant Paswan, Inspector of C.I.D. enquired the matter and submitted inquiry report suggesting that for the purpose of fair inves- ligation cases should be investigated by C.I.D. and this report was examined and it was found that allegations levelled by the wife of the petitioner against the local police were true and thereafter the investigation of the cases under consideration was taken up by Crime Branch (CID) and after taking over investigation by the C.I.D.. I.O. submitted his progress report and while scrutiny of the progress report was going on, investigation of the cases has again been handed over to local police.
5. From Annexure 5 it appears that after a meeting held on 19.7.2000 Industries Minister Shri Rabindra Charan Yadav raised a question that why named accused-persons were not being arrested by the police and no further action was being taken in the matter, and he also wanted to know that when the local police was competent enough to investigate the cases, under what circumstances investigation had been handed over to C.I.D. The Chief Secretary, Government of Bihar, wrote a buff-shee_t addressed to the Director General-cum-Inspector General of Police to this effect on 21.7.2000. and on the same day the Director General of Police sent reply to the Chief Secretary of Bihar informing that directions to Superintendent of Police, Madhepura (respondent No. 6) have be
