IMPORTANT POINT
The power to transfer a case to the C.B.I. should be exercised rarely in exceptional circumstances, and there must be a lack of confidence in the investigating agency or a national interest at stake.

JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

1. Heard Mr. Binod Singh, the learned counsel appearing on behalf of the petitioners, Mr. Yogesh Modi, the learned counsel appearing for the respondent State, Dr. Ashok Kumar Singh, the learned counsel appearing for the respondent Election Commission of India and Mr. Anil Kumar, the learned A.S.G.I. appearing on behalf of the C.B.I.

2. This petition has been filed for directing the respondents to transfer the investigation of the case being Jagarnathpur P.S. Case No. 54 of 2018, corresponding to G.R. No. 1866 of 2018 registered under section 171(b), (c), (e) and (f) of the I.P.C. pending in the court of Judicial Magistrate, 1st Class-IV, Ranchi to the C.B.I. The prayer is also made to add other sections of the I.P.C. and the case under the Prevention of Corruption Act.

3. Mr. Binod Singh, the learned counsel for the petitioners submits that the said case was registered by the police on the instruction of Election Commission of India against one Mr. Anurag Gupta who is the higher I.P.S. Officer posted in State of Jharkhand who found indulged in manipulating the Rajya Sabha Election of the year 2016 and a huge amount of transaction has taken place at his behest. He submits that for that a case has been registered, however, the case has not proceeded in its right direction and that is why the petitioners have approached this Court for direction upon the C.B.I. to take over the case and investigate the same. He submits that the petitioners are not having faith on the State police in view of the fact that on repeated requests the said case has been reluctantly instituted by the State police against Anurag Gupta and Ajay Kumar. He submits that there are other highers involved with regard to the election and that is why this is a fit case to transfer the same to the C.B.I. for fetching faith of the society on the investigating agency. He refers to the documents annexed with the writ petition and submits that there are sufficient materials and even the call details have been recorded by the petitioner no. 1 that has been produced to the police and in that view of the matter the case may kindly be handed over to the C.B.I. He submits that there are decisions of Hon’ble Supreme Court and this High Court to hand over the case to the C.B.I. where the higher officials of the State are involved in the crime. In this regard Mr. Binod Singh, the learned counsel appearing on behalf of the petitioners relied in the case of Subrata Chattoraj vs. Union of India and Others, (2014) 8 SCC 786.

4. On the other hand, Mr. Modi, the learned counsel appearing on behalf of the respondent State submits that the election took place in the year 2016 and about the present status of the investigation he is not knowing.

5. Mr. Ashok Kumar Singh, the learned counsel appearing for the Election Commission of India submits that when this matter has come in the knowledge of the Election Commission of India, the Election Commission of India rose to the occasion and wrote letter dated 13.6.2017 addressed to the Chief Secretary, Government of Jharkhand wherein direction was issued for proceeding departmentally against the accused persons for misuse of official position, interfering in election, breach of conduct, service rules, etc. A request was also made to register the case under the IPC sections as well as Prevention of Corruption Act. He submits that by the letter dated 9.3.2018, again the Election Commission of India requested the Chief Electoral Officer, Ranchi which was based on the earlier letter dated 13.6.2017 addressed to the Chief Secretary. He submits that in counter affidavit filed by the Election Commission of India in paragraph no. 5 it has been disclosed that the Government of Jharkhand has informed the Election Commission that a case being Jagarnathpur P.S. Case No. 154 of 2018 has been registered against Anurag Gupta, Ajay Kumar and others. The charge memo departmentally has also been issued against Anurag Gupta admitte