Point of Law: Criminal Law - Transfer of investigation - Not rarest of rare case - Investigation to be conducted officer above rank of A.C.P.

ORDER :

Heard Sri P.S.P.Suresh Kumar, learned counsel representing Mr. Abu Akram, learned counsel for the petitioner, Sri N. Rajeshwar Rao, learned Assistant Solicitor General appearing on behalf of respondent Nos.1 and 2, Sri K. Surender, learned Special Public Prosecutor for CBI appearing on behalf of respondent No.3 and learned Government Pleader for Home appearing on behalf of respondent Nos.4, 5, 6 and 7.

2. The petitioner herein filed the present writ petition seeking following reliefs:

i) To transfer the Investigation in Crime No.103/19 from Respondent No.7 (SHO Nampally) to Respondent No.3 (Central Bureau of Investigation because the Respondent No.7 (SHO Nampally) is biased to perform proper and fair investigation due to involvement of Higher Police officials in the present Crime along with politicians and this Hon’ble Court has to curtail such type of illegal investigation by handover the investigation to other independent investigation agency like Central Bureau of Investigation as described by the Hon’ble Supreme Court in State of Punjab vs CBI. As the Hon’ble Apex Court in State of Punjab versus CBI reported in (2011) 9 SCC 182 has rightly observed that in cases where the senior functionaries of the State police and political leaders were to be named and political and administrative compulsions then to bring home the truth then in such cases it was only just to meet the ends of the justice to refer the investigation in such matters to the Central Bureau of Investigation and pass such other order or orders as this Hon’ble Court deems fit and proper in the interest of justice.

ii) To declare the inaction on the part of Respondent No.7 to record the statement of the petitioner in respect of crime No.103/19 of Nampally P.S. in respect of involvement of Respondent No.8 to 11 along with Respondent No.12 in consonance of political land grabbers for executing the present heinous Crime of murder of the petitioner along with his brother-in-law as illegal, arbitrary and unconstitutional and consequently direct the Respondent No. 7 to record the statement of the petitioners fairly without under the pressure/influence of Respondent 8-11 and pass such other order or orders as this Hon’ble Court deems fit and proper in the circumstances of the case in the interest of justice.

iii) To declare the action of Respondent No.7 for performing biased and tainted investigation in Crime No.103/19, Nampally P.S. under pressure/influence of Respondent No.8 to 11 from the criminal prosecution initiated by the petitioner due to involvement of Respondent No.8 to 11 along with Respondent No.12 in consonance of political land grabbers for executing the present heinous crime of murder of the petitioner along with his brother-in-law as illegal, arbitrary and unconstitutional pass such other order or orders as this Hon’ble Court deems fit and proper in the circumstances of the case in the interest of justice.

iv) To declare the action of Respondent No.7 for not arraying the name of Respondent No. 8 to 11, 13 to 15, 17-22 along with Respondent No.12 as accused in crime No.103/19 of Nampally P.S. despite of statement given by the petitioner along with evidence as illegal, arbitrary and unconstitutional pass such other order or orders as this Hon’ble Court deems fit and proper in the circumstances of the case in the interest of justice.

v) To direct the Respondent No.1 and 2 to make the enquiry in all thee illegal activities of police officials of Central Crime Station for highhandedly foisting false case against the petitioners in civil disputes and causing illegal custodial death of the petitioners father by doing custodial violence on 21-05-2017 and also made attempt to murder of petitioner on 10-04-2019 under political influence of political land grabbers and pass such other order or orders may deem fit and proper in the circumstances of the case pending disposal of the above writ petition.

FACTS:

3. On 10.04.2019 at about 7 pm the petitioner herein along