The court emphasized the rare and exceptional nature of transferring investigations to other agencies and highlighted the circumstances justifying such transfers.

JUDGMENT

1. This petition has been filed under Article 226 of the Constitution of India to transfer the investigation of the Crime No.03/2019 registered at Police Station Udaypura, District Raisen to the Crime Investigation Department of M.P.

2. Brief facts of the case are that on 02.01.2019 complainant Suresh lodged a report at P.S. Udaypura averring that he drove Pawan Rajput's vehicle bearing registration No.MP-04-CN-2507. On 01.01.2019 at 08:00 PM when he was passing from the front of petitioner Umashankar's office with the same vehicle along with Pawan Rajput and Ramesh Rajput, on the way, when they reached in front of Rathi's shop, they saw that 15-20 men were standing armed with stick, spears (farsa) and gun in front of petitioner Uma Shankar's office. As he slowed the vehicle down, these people ran towards his vehicle, so he turned the vehicle back meanwhile some of the persons fired at the vehicle out of which one bullet hit Ramesh Rajputs piercing the rear glass of the vehicle. They took Ramesh Rajput to hospital where the doctor declared him dead. Petitioner Uma Shankar had such a deadly attack done on them due to some financial dispute going on between him and Pawan Rajput. It has been learnt that the bullet was fired by coaccused Manish. On that police registered Crime No.3/2019 for the offence punishable under Sections 147, 148, 149, 307, 302, 120-B, 34 of IPC read with Section 25, 27 of Arms Act, 1959 against petitioner Umashankar and co-accused Manish and other unknown persons and investigated the matter.

3. During investigation, Police recorded the statements of Pawan Rajput and other witnesses and also collected the CCTV footage of the camera fitted at the petitioner Umashankar's office and nearby Pawan Khatik's Shop and call details of the cell phone of Pawan Rajpoot. From that, it was found that on the date of incident, at around 6 PM, when Pawan Rajput demanded his money due on petitioner Uma Shankar back, Uma Shankar and his employee co-accused Mohit and Manish abused Pawan on phone and also threatened to kill him. Thereafter said incident occurred when Pawan Rajput was going to Prem Nagar. It was also found that petitioner Uma Shankar and co-accused Mohit, Raju @ Rajendra Rajput, Subhash Sharma, Rahul Sharma, Anil, Raghavendra, Rajesh @ Collector, Mansingh, Raman Sharma, Mahesh Chaudhari were included in group of persons who had gathered on spot at the time of incident. They were present on the spot armed with weapons, So, police arrested them and after investigation filed charge-sheet against the petitioner and other co-accused persons.

4. Learned counsel for the petitioner submitted that police did not conduct a fair investigation. The FIR lodged by Suresh regarding the incident and the case diary statements of Suresh and Pawan Rajpoot, the alleged eye witness of the incident recorded by the police during the investigation of the crime do not match with the postmortem report of the deceased Ramesh. According to the prosecution story, it is alleged that the gunshot was fired at the car from the rear and the bullet hit Ramesh Rajpoot who was riding in the backseat and Pawan Rajpoot was riding in the front passenger seat. While in the autopsy report of the deceased Ramesh Rajpoot, it is mentioned that the entry wound of bullet was found on his chest where a blackening was also seen. Likewise, the CCTV footage of Government Hospital, Udaipura which has not intentionally been seized by the investigating officer, shows that when the said vehicle reached at Hospital after the incident deceased Ramesh Rajpoot was riding in the front passenger seat of the vehicle along with a gun and Pawan Rajpoot was driving the vehicle and Suresh Kushwaha was riding in the back seat. From the said footage, it can also be seen that after stopping the car, Pawan Rajpoot got out from the driver seat, Ramesh was riding in the front passenger seat armed with the gun. In the third shot, it can also be seen that some people picked th