In exceptional circumstances, where there are疑似 circumstances surrounding an arrest and allegations of police involvement, a Writ Court can direct the transfer of investigation to CBI to ensure a fair and impartial probe.

JUDGMENT

Pankaj Bhandari, J. - Petitioner has preferred this writ petition with a prayer that F.I.R. No. 350/2016 be quashed, the matter be referred to CBI for further investigation, action be taken against the erring Police Officers. Compensation has also been claimed from the State.

2. It is contended by counsel for the petitioner that the petitioner was picked up from her residence at 6:00 am in the morning. As per the F.I.R., information was received that contraband is being brought to Jaipur in a vehicle bearing Punjab registration number. On the basis of the report, a team was constituted and the vehicle was intercepted in front of Pink Square Mall, Jaipur. As per the F.I.R., petitioner and her fiance were in the vehicle alongwith the driver. Contraband was seized from them and they were arrested. It is contended that petitioner had earlier preferred S.B. Criminal Writ Petition No. 517/2016, wherein the High Court partially allowed the writ petition vide order dated 18.08.2017 and directed the Authorities to withdraw the investigation from Police Station Adarsh Nagar, Jaipur and to entrust the same to a Senior Officer of CID-CB Branch of the State Police. Further, Head of the CID-CB Branch was directed to personally monitor and supervise the investigation.

3. Counsel for the petitioner has shown to the Court the CCTV Footage of the house of petitioner, wherein the petitioner is seen leaving her house with her dog at around 5:55 am. Around 6:00 am, she is seen entering her house with a lady. The lady, as per the Investigating Officer, is a Police Lady Constable, Sonam. The other CCTV Footage shows the petitioner approaching her house followed by Lady Constable-Sonam and two Police Personnel, Rajesh-ASI & Ramnath-Constable. As per the CCTV Footage, the petitioner leaves the house with the Police Team.

4. It is contended by counsel for the petitioner that petitioners presence is shown in the Vehicle No. PB01A9228 in the morning at 7:50 am. Police has made up a case against the petitioner who was picked up from her own house. It is contended that the matter was referred to CID-CB by the Court, as the Police Officials were involved. It is contended that the investigation is pending with the Investigation Officer since September, 2017. The matter was earlier investigated by Jaya Singh. Investigation was, thereafter, entrusted to the Present Officer in March, 2018.

5. It is argued that the Investigating Officer is trying to shield the Police Officers.

6. It is contended that when there is specific allegation that the Police Personnel are involved, the Court may direct the investigation to be handed over to the CBI. Reliance in this regard has been placed on "Rubabuddin Sheikh v. State of Gujarat & Ors." 2010 Cr.L.R. (SC) 202 . Reliance has also been placed on "Ramesh Kumari v. State (N.C.T. of Delhi) & Ors." AIR 2006 Supreme Court 1322 , wherein there were allegations against Police Personnel, the Court in the interest of justice directed the matter to be investigated by an independent agency like CBI.

7. Reliance has also been placed on "Smt. Lajwanti Bhatia v. State of Rajasthan" S.B. Criminal Misc. Application No. 32/2018 in S.B. Criminal Misc. Petition No. 4383/2014, wherein looking to the allegations against the Police, the investigation was transferred to CBI. Reliance has also been placed on "State of West Bengal and Ors. v. Committee for Protection of Democratic Rights, West Bengal and Ors." AIR 2010 Supreme Court 1476 (1) , wherein the Apex Court has held that the directions to CBI to investigate a case can be given by a Writ Court even in absence of consent of State. However, such power can be exercised sparingly, cautiously and in extraordinary situations.

8. This Court directed the Investigating Officer to remain personally present in the Court. In pursuance of the direction, Investigating Officer-Govind Detha, Addl. S.P., CID-CB, Jaipur is present in person in the Court. Investigating Officer has produced the factual repor