Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUMEET GOEL
Mohd. Iqbal – Appellant
Versus
State Of Haryana – Respondent
| Table of Content |
|---|
| 1. background of the fir concerning a child's murder. (Para 1 , 2) |
| 2. petitioner's concerns over local police investigation. (Para 3) |
| 3. state's defense against transfer to cbi. (Para 4 , 5) |
| 4. court's analysis of the law and discretion. (Para 6 , 7) |
| 5. dismissal of the petition as lacking merit. (Para 8) |
JUDGMENT :
SUMEET GOEL, J.
1. The petition in hand has been filed under Section 482 of Cr.P.C. praying for transfer of investigation of the FIR No.239 dated 05.09.2022, registered under Section 302 of IPC at Police Station Pinangwa, District Nuh to respondent No.2 i.e. CBI from the local police.
2. The gravamen of the FIR in question is that the complainant has averred that his nephew namely Munir Khan @ Sameer, aged about 10/11 years was pursing studies in Arabic and Urdu at Madrasa Dargahwala, village Shah Chokha. On 03.09.2022, Mr. Hazi Akhtar, brother of Mr. Kallu, Sarpanch of village Ter, informed the complainant that his nephew was missing from the madrasa. Thereafter, every possible effort was made by the complainant to trace his nephew but to no avail. On 05.09.2022, at around 01:00 PM, Akhtar informed the complainant that the dead body of his nephew was found i
High Court may transfer investigation to CBI only when convincing evidence shows local police's inability to conduct a fair inquiry; dissatisfaction alone is insufficient.
The court emphasized that seeking a fair investigation is a fundamental right, necessitating the transfer of cases to an independent agency when bias or influence is suspected.
The necessity for a C.B.I. investigation arises in cases where police personnel are accused, ensuring fairness and public confidence in the judicial process.
Point of law : Criminal Law – Transfer of investigation - Transfer of investigation to CBI is not a matter of routine, in extraordinary circumstances by using powers of this Court sparingly in except....
Criminal Law - Transfer of investigation - Not rarest of rare case - Investigation to be conducted officer above rank of A.C.P.
Transfer of investigation to CBI requires exceptional circumstances; mere allegations against local police are insufficient for such action.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
