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2015 Supreme(HP) 534
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mansoor Ahmad Mir and Tarlok Singh Chauhan, JJ.
Raj Pal Singh - Petitioner
Vs.
Central Bureau of Investigation & others - Respondents.
CWP No. 2526 of 2015-C
Decided on: 30.05.2015
Advocate Appeared:
For the petitioner:Mr. Hamender Chandel, Advocate.
For the respondents:Mr. Sandeep Sharma, Senior Advocate, with Mr. Prashant Sharma, Advocate, for respondent No. 1.
Mr. Shrawan Dogra, Advocate General, with Mr. Romesh Verma, Additional Advocate General, and Mr. J.K. Verma & Mr. Kush Sharma, Deputy Advocate Generals, for respondents No. 2 to 4.
The main legal point established in the judgment is that the court does not have the jurisdiction to interfere with the final report submitted to the Court of competent jurisdiction, and the petitioner's withdrawal of a similar writ petition with liberty to seek other legal remedies rendered the current writ petition misconceived and not maintainable.
Headnote:
Writ Petition - Transfer of Investigation - Sections 154 to 176 of CrPC - The court dismissed the writ petition seeking transfer of investigation of FIR No. 128 of 2014 from Police Station Dharampur, District Solan, H.P. to Delhi, and declared it as misconceived.
Fact of the Case:
The petitioner sought transfer of investigation of FIR No. 128 of 2014 from Police Station Dharampur, District Solan, H.P. to Delhi, and for declaring the cancellation report, if any filed by the police, to be illegal. The deceased sustained injuries in a car accident and later died due to firearm injury. The petitioner filed various representations to transfer the investigation to Delhi, but the Investigating Officer at Dharampur conducted the investigation and reported it as a case of suicide.
Finding of the Court:
The court found the writ petition to be misconceived and dismissed it in limine, stating that the investigation was complete and the petitioner had withdrawn a similar writ petition before the Hon'ble High Court of Delhi with liberty to seek other legal remedies.
Issues: The court considered whether a writ can be filed for transferring the investigation after the submission of the final report, the jurisdiction to transfer the investigation, entrusting the investigation to another agency, and the power to declare the closure report as illegal.
Ratio Decidendi: The court held that the final report is to be considered by the Court of competent jurisdiction, and interference by the writ Court is not permissible. The court also emphasized that the Magistrate must decide whether the closure report is to be accepted or not, and the petitioner had withdrawn a similar writ petition with liberty to seek other legal remedies.
Final Decision: The court dismissed the writ petition as misconceived and not maintainable, stating that the investigation was complete and the petitioner had withdrawn a similar writ petition before the Hon'ble High Court of Delhi with liberty to seek other legal remedies.
Mansoor Ahmad Mir, J.
Petitioner has invoked the jurisdiction of this Court by the medium of the writ petition in hand seeking transfer of the investigation of FIR No. 128 of 2014, registered at Police Station Dharampur, District Solan, H.P. to the Central Bureau of Investigation (for short "CBI"); for declaring the cancellation report, if any filed by the police during the pendency of the writ petition, to be illegal and in the alternative, has also sought transfer of investigation of the said FIR to Delhi, on the grounds taken in the memo of writ petition.
2. It is averred that deceased-Satish Bosaya, a businessman, was having some dispute with respondent No. 5 and were trying to arrive at a settlement. On 08.08.2014, the petitioner received information that Shri Satish Bosaya sustained injuries in a car accident on 07.08.2014 at 7.45 p.m. at Dharampur, District Solan, H.P., constraining him, his friend and the driver to rush to Dharampur. In the post-mortem report conducted at Indira Gandhi Medical College and Hospital, Shimla (for short "IGMC") (Annexure P-1), it is recorded that the deceased died due to firearm injury. A complaint was lodged on 10.08.2014 at Amar Colony Police Station, Delhi (Annexure P-2) and representation was also made to the Director General of Police, Himachal Pradesh on 11.08.2014 (Annexure P-3) for registration of a case. Accordingly, FIR No. 128 of 2014 was registered under Section 302 of the Indian Penal Code (for short "IPC") at Police Station Dharampur, District Solan, on 12.08.2014 (Annexure P-4) and FIR No. 673 of 2014 was registered at Amar Colony Police Station, South East District, New Delhi on 14.08.2014 (Annexure P-5). On 21.08.2014, the Deputy Commissioner of Police, South East District, New Delhi, issued a letter to the SSP, District Solan, Himachal Pradesh for transfer of the investigation of FIR No. 128 of 2014 from Dharampur to Delhi (Annexure P-6). The petitioner also filed various representations to the authorities in Himachal Pradesh for transferring the investigation of the said FIR to Delhi (Annexure P-8). However, the Investigating Officer at Dharampur, District Solan, H.P. conducted the investigation and reported that it was a case of suicide. Accordingly, the Superintendent of Police, Solan, vide its letter, dated 14.11.2014 (Annexure P-9) informed the Director General of Police, Shimla that no case for transfer of the investigation to Delhi was made out, constraining the petitioner to file a writ petition before the Hon'ble High Court of Delhi being W.P. (CRL) No. 1847 of 2014, which was withdrawn on 16.04.2015 (Annexure P-10).
3. We have heard learned counsel for the petitioner.
4. The following questions arise for consideration in this writ petition:
(i) Whether after submission of the final report in terms of Section 173 of the Code of the Criminal Procedure (for short "CrPC") before the Court of competent jurisdiction, a writ can be filed for transferring the investigation?
(ii) Whether this Court has the jurisdiction to transfer the investigation of a case from Police Station Dharampur, District Solan, H.P. to Delhi?
(iii) Whether in the given circumstances, investigation can be entrusted to any other agency, i.e. CBI?
(iv) Whether this Court is having power to declare the closure report submitted in terms of Section 173 (2) CrPC as illegal?
5. The writ petition merits to be dismissed in limine for the following reasons:
6. Chapter XII of the CrPC contains Sections 154 to 176, which provide the mechanism how to conduct investigation. It provides that in case a report is made about commission of any offence, First Information Report (for short "FIR") is to be registered in terms of Section 154 CrPC, which sets the investigating agency into motion, investigation is to be conducted in terms of the mandate of the said Chapter and on completion, report is to be submitted in terms of Section 173 CrPC before the Court of competent jurisdiction. The final report is to be consi
