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.

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 inside a small room at Madrasa Dargahwala in Jama Masjid and a foul smell is coming. It was further alleged by the complainant that he has a strong reason to believe that his nephew had been murdered. In view of the facts narrated hereinabove, the petitioner had requested for strict action against the accused.

3. Learned counsel for the petitioner has iterated that the local police has failed to investigate the material facts of the present case. It has been further iterated that the local police has neither conducted a fair inquiry nor made earnest efforts to ascertain the true facts and circumstances leading to the brutal murder of the nephew of the petitioner. Learned counsel has asserted that the petitioner has completely lost faith in the local police who has not conducted free and fair investigation into the FIR in question on account of influence exerted by the private respondents. It has been urged, on behalf of the petitioner, that the incident in question is a blind murder which solely rests upon the circumstantial evidence and hence a thorough and impartial investigation needs to be conducted by a specialized/independent agency i.e. respondent No.2-CBI. On the basis of aforesaid submission, the petitioner has sought for grant of prayer as made in the petition.

4. Notice of the petition in hand was issued whereupon a reply by way of affidavit of Ajaib Singh, Deputy Superintendent of Police, Ferozpur Jhirka has been filed, relevant whereof reads as under:

“10. That on 15.07.2023, the notice was issued to the respondent no.6, 7 8 and 9 i.e. Adil, Izhar, Salman and Armaan. The said respondents no. 6 to 9 the Maulvi of the Madarsa namely Zakir and the students of Madarsa namely Mohd. Saif S/o Salim. Mohd Arbaaz S/o Noor. Ahsaan and Suhaan were joined in the investigation and their statements were recorded.

11. That thereafter, the notice was issued to the respondent no. 6 to 9 on 24.07.2023 for getting conducted their polygraphy tests. The requisite permission for polygraphy test was obtained from the Ld. Court. Their polygraphy tests were got conducted 05/06.05.2024 at FSL Rohini (New Delhi). The report dated 25.07.2024 was received from FSL Rohini and as per the said report, the respondents no. 6 to 9 were found to be truthful in their answers. Copy of report dated 15.07.2024 is attached herewith as Annexure R-6 for kind perusal of this Hon'ble Court.

12. That thereafter, in pursuance of directions issued by this Hon'ble Court vide order dated 22.01.2025 in the present CRM-M No. 52598 of 2022, a Special Investigation Team was constituted by the Superintendent of Police, Nuh vide no. 926-928/Rdr dated 29.01.2025consisting of (1) SHO P.S. Pinagwan, Nuh, (2) ASIMool Chand No. 141/Nuh. P.S. Pinagwan to conduct investigation of the present case, under t