The judgment emphasizes the need for fair investigation and clarifies the exceptional circumstances for transferring investigation to the CBI.

JUDGMENT :

1) The petitioner has invoked the extraordinary writ jurisdiction of this Court with the following prayers:

a) Issue a Writ of Mandamus commanding the respondents more particularly respondent No.1 and 2 to constitute a Special Investigation Team to be headed by a police officer not below the rank of Dy. Inspector General of Police to carry on and monitor the investigation of the case FIR No.69/2019 registered at Police Station Anantnag dated 13.05.2019 under Sections 420, 467 and 468 of RPC. In the alternative directions are sought for handing over the investigation of the case to the Central Bureau of Investigation (CBI) New Delhi in view of the seriousness of the offence and the expertise available with them for conducting such investigations.

b) Issue a Writ of Mandamus commanding the respondents to expedite the probe and conclude the investigation of the case registered pursuant to the FIR supra and consequently update this Court about the stage of investigation and the material evidence collected so far along with the relevant record of the case.

2) As per case of the petitioner, he is a reputed businessman running a company M/S Topline Buildtech Pvt. Ltd. New Delhi. It has been submitted that during the course of his business activities, the petitioner came to know about the institution of a complaint under Section 138 of Negotiable Instruments Act in respect of a cheque bearing No. 997645 dated 21.08.2018 amounting to Rs.75.00 lacs, that was instituted before the Court of Judicial Magistrate, 1st Class (Mobile Magistrate) Anantnag. The complaint was lodged against the petitioner by one Ms. Sania Fayaz, attorney holder of one Pankaj Jain. It is submitted that the petitioner did have certain business transactions with said Pankaj Jain but the cheque in question had been stolen way back in the year 2014, as a consequence whereof, he had lodged a report with the police on 1st October 2014, and the same was converted into formal FIR bearing No.0732 dated 12th of November 2018. The petitioner is stated to have challenged the proceedings initiated against him in respect of the aforesaid cheque by way of a petition under Section 561-A of J&K Cr. P. C bearing CRMC No.479/2018.

3) According to the petitioner, while defending the aforesaid case, he came to know that a number of cases have been filed against non-state subjects at the hands of some locals operating in Anantnag, Kulgam and Qazigund and in most of the cases, complaints have been preferred by attorney holders acting for and on behalf of a fraudulent company known as “Host Finance & Investments Pvt. Ltd.” It has been submitted that in most of these cases, the complainants are Ms. Sania Fayaz and Ms. Lubna Bashir. It has been submitted that upon enquiries, the petitioner came to know that the aforenamed two persons were working in tandem on the instructions of Pankaj Jain, Director of the company M/S Host Finance. It was also learnt by the petitioner that these persons work as a team in various districts of Kashmir Valley and target well settled businessmen of the Country by instituting fake, false and fictitious complaints so as to extort money from the businessmen by taking advantage of the security situation in Kashmir valley, particularly in South Kashmir. The petitioner is stated to have lodged a complaint in this regard with respondent No. 3-Inspector General of Police, Kashmir Zone, a copy whereof has been annexed to the petition. A criminal complaint was also filed by the petitioner before the Chief Judicial Magistrate, Srinagar, that was transferred to the Court of Judicial Magistrate, 1st Class (3rd Additional Munsiff), Srinagar, that is stated to be pending adjudication.

4) On the directions of respondent No.3, FIR No.69/2019 stands registered at Police Station, Anantnag, for offences under Section 420, 467 and 468 of RPC and the investigation was entrusted to the Special Investigation Team headed by Deputy Superintendent of Police. It has been submitted