The High Court has the power to transfer the investigation of a case from the local police to the CBI under Article 226 of the Constitution of India, but such transfer should not be made merely on asking. The court should peruse the case diary and other material to see whether the investigating agency is proceeding impartially and is not acting in a partisan manner.

SHARMA, J.

( 1 ) ORDINARILY we would not have liked to go in this appeal into the question to legality of the order* dated 6/02/1987, of the learned single Judge made in Writ Petition No. 2386/86 as after the aforesaid order was made, investigation was taken over by the CBI and the investigation is said to be almost complete but because a larger issue about the powers of this Court to interfere at the stage of investigation or transfer of the case from the local police to CBI, is involved we will proceed to examine the issue. * 1987 Raj Cri C 72.

( 2 ) WE may at the outset State that we would not like to go into the question whether the death of Praksah Chand Garg was as a result of the accident as alleged by the prosecution or was a murder as alleged by Phool Chand Garg, his brother. This is a matter which depends on the collection of evidence and is to be adjudged by the Court. All that we may state in this Special appeal is that one Damodar Prasad who is said to be the nephew of Phool Chand Garg, the petitioner in the aforesaid writ petition in this Court, now presented FIR No. 294/86 lodged on 1/08/1986, at 10 p. m. Police Station Sawai Madhopur that Prakash Chand Garg was coming on a motor cycle from Anaj Mandi and near a kund there was an accident in between motor cycle and one jeep as a result of which Prakash Chand received serious injuries and the motor cycle was broken. Prakash Chand was taken to the Hospital. On a report, the case under S. 279, IPC was registered because the said Prakash Chand had died, an offence under S. 304a, IPC was also added. It appears that when the case was pending investigation, some allegations were levelled against the investigating agency and therefore the case was transferred to CID. When the investigation was pending before the CID it appears that serious doubts were expressed so far as version contained in the FIR is concerned and it was alleged that on the death of Prakash Chand wide publicity was given in news papers that Prakash Chand Garg had not died in accident as alleged but he used to play cards on stake with some police officers including Sube Singh Chaudhary, Dy. S. P. (ACD) and on that day he actually had won a sum of Rs. 1000. 00 and wanted to leave as he had to proceed for Delhi, but Sube Singh and other players compelled him not to leave and therefore some scuffle took place and Sube Singh and others gave beating to Prakash Chand as a result of which he died. After investigation a report was registered and Prakash Chand died during the investigation of the case. The post-mortem was conducted on the dead body of Prakash Chand and a perusal of the post-mortem report which is available in the file of S. B. Civil Writ Petition No. 2386/86 will show that the cause of death was described as syncope and shock as a result of haemorrhage (internal ). As many as two external injuries were found-namely," (I) There is a bruise of inverted U shape over D side of chest in parasternal region at the level of 3rd, 4th, 5th ICS and junction of size shown in diagram with width 05 cm to 1 cm. It is 4 cm below d clavicle and 4 cm media to nipple. (ii)There are two bruise each size 2cm x 2cm over about 2 cm of injury No. 1" the injuries were described antemortem in nature.

( 3 ) WE will now revert to the powers of the Court so far as transfer of investigation from local police to C BI is concerned. Under S. 2 of the Delhi Special Police Establishment Act, 1946, (for short, the Act) the Central Government may constitute a special police force to be called the Delhi Special Police Establishment for the investigation in any Union Territory of offences notified under S. 3 of the Act. Power is vested under S. 3 of the Act to notify the offences or class of offences which are to be investigated by the Delhi Special Police Establishment. Under Section 5 of the Act the Central Government may by order extend to any area including railway areas in a State, not being a Union Territory the pow