Back
2022 Supreme(P&H) 18
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Sant Parkash, J.
Hitesh Bhardwaj – Appellant
Versus
State of Punjab & another – Respondents
Criminal Miscellaneous No.M-43601 of 2021 (O & M)
Decided On : 07-01-2022
Advocate Appeared:
For the Appellant :Mr. R.S. Rai, Senior Advocate, with Mr. Rajat Khanna, Advocate and Mr. Ashutosh, Advocate
For the Respondent:Mr. Tanvir Joshi, Assistant Advocate General, Mr. Rajeev Anand, Advocate, Mr. Preetinder Singh Ahluwalia, Advocate
The power to transfer investigation should be exercised sparingly and in exceptional circumstances, and should not be passed as a matter of routine or merely because a party has leveled some allegations against the local police. The case did not involve national or international ramifications warranting CBI investigation, and the State police was well equipped to handle the investigation.
Headnote:
Section 482 Cr.P.C. - Transfer of investigation - CBI - State police - [FIR No.354 dated 30.10.2020 under Sections 302, 120-B IPC] - The court discussed the request for transfer of investigation to CBI, the sequence of events, and the legal principles governing the transfer of investigation to a specialized agency. The court found that the case did not involve national or international ramifications warranting CBI investigation and that the State police was well equipped to handle the investigation. The court emphasized that the power to transfer investigation should be exercised sparingly and in exceptional circumstances, and dismissed the petition for transfer of investigation to CBI.
Fact of the Case:
The petitioner sought transfer of investigation of a case involving the murder of his mother from the State police to CBI or any other independent agency outside the jurisdiction of the State of Punjab. The petitioner alleged that his brother, respondent No.3, conspired to murder their mother to usurp the entire property. The State police's investigation was challenged by the petitioner due to alleged inaction and bias in favor of respondent No.3.
Finding of the Court:
The court found that the case did not warrant transfer of investigation to CBI or any other independent agency. It noted that the State police had conducted investigations, and the trial court had ordered reinvestigation. The court emphasized that the power to transfer investigation should be exercised sparingly and in exceptional circumstances, and found no merit in the petition for transfer of investigation to CBI.
Issues: The issues involved the request for transfer of investigation from the State police to CBI or any other independent agency, the alleged bias and inaction of the State police, and the sufficiency of the State police's investigation.
Ratio Decidendi: The court emphasized that the power to transfer investigation should be exercised sparingly and in exceptional circumstances, and should not be passed as a matter of routine or merely because a party has leveled some allegations against the local police. It found that the case did not involve national or international ramifications warranting CBI investigation and that the State police was well equipped to handle the investigation.
Final Decision: The court dismissed the petition for transfer of investigation to CBI or any other independent agency, and upheld the State police's authority to conduct the investigation.
JUDGMENT :
Sant Parkash, J.
CRM-43483-2021
1. Application under Section 482 Cr.P.C. for placing on record short reply by way of affidavit of Nitesh Bhardwaj - respondent No.3 is allowed.
2. Reply taken on record.
CRM-M-43601 of 2021
3. Through the instant petition under Section 482 Cr.P.C. seeking transfer of investigation of case FIR No.354 dated 30.10.2020 (Annexure P-24) under Sections 302, 120-B IPC registered with Police Station, Civil Lines, Batala to Central Bureau of Investigation or any other independent agency outside the jurisdiction of the State of Punjab.
4. The petitioner is the complainant of present FIR. Earlier FIR No.121 dated 26.04.2013 (Annexure P-1) under Sections 302/34 IPC was registered with Police Station, Vasant Kunj (South), Delhi, in relation to the murder of Deepak Bhardwaj, father of petitioner herein. During investigation, police authorities arrested petitioner’s brother Nitesh Bhardwaj (respondent No.3). Though, he was acquitted by the trial court as the sole eye witness of the occurrence died in a road accident in Ludhiana before he could testify in the trial. The judgment of acquittal of respondent No.3 was challenged by the petitioner as well as the State by filing two separate appeals.
6. On 14.07.2014, petitioner’s mother - Ramesh Kumari Bhardwaj, executed a registered Will bequeathing all her property in favour of respondent No.3. After acquittal, respondent No.3 made demand of being appointed as a Director in all the family companies. The petitioner’s mother appointed him as such. On 22.02.2020, petitioner’s mother executed another hand written Will being her last Will in which respondent No.3 would no longer inherit all the property rather it was to be divided in equal shares between both the brothers i.e. petitioner - Hitesh Bhardwaj and respondent No.3 - Mr.Nitesh Bhardwaj. When the Petitioner’s mother disclosed the factum of execution of Will dated 22.02.2020 to Nitesh Bhardwaj, he got annoyed and started quarrelling and threatening.
7. On 07.03.2020, Nitesh Bhardwaj alongwith his wife - Nistha Bhardwaj and his brother in law conspired against his mother and persuaded her to go to Batala with them to Nistha’s parental house, whereupon she sensing the foul play, insisted that Sandeep, her nehew, and one Balbir Singh should accompany her to Batala. Nitesh Bhardwaj and his wife insisted petitioner’s mother to sleep with them in the main portion of the house. On 08.03.2020, Balbir Singh was informed that petitioner’s mother has suffered a heart attack and passed away whereafter her post- mortem was got conducted without even informing the petitioner. The post- mortem report was given by an ortho specialist (who was not even competent to conduct a post-mortem) stating that the victim suffered a cardiac arrest which lead to her death without there being any history of heart ailment. Petitioner has alleged that respondent No.3 - Nitesh Bhardwaj, not only murdered his own mother but also his father with a malafide intention to usurp the entire property.
8. Petitioner doubted that his mother had died under suspicious and mysterious circumstances which call for a fair and proper investigation.
9. So, he filed a detailed complaint at Police Station, Civil Lines, Batala in relation to commission of offence of criminal conspiracy to murder.
10. However, no proper and fair investigation took place pursuant to his complaint. Be that as it may, after two months, formal FIR was registered and statements of persons concerned were recorded under Section 160 Cr.P.C. which were contradictory in nature and created a suspicion upon the act and conduct of respondent No.3 but still no action was taken by the local police against the culprits.
11. Aggrieved by the inaction of Batala police, on 17.06.2020, petitioner filed a petition before this Court viz. CRM-M-16384 of 2020 seeking a fair and impartial investigation, wherein this Court vide judgment dated 25.06.2020 gave directions to Superintendent of Police, Batala, to
