The power of Constitutional Courts to transfer investigation to the CBI under Article 226 is an extraordinary measure to be exercised sparingly in rare and exceptional cases, and not as a routine matter based on mere allegations of bias or dissatisfaction with state police investigations.

3.GP FOR HOME

The Court made the following:

ORDER:

This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:

“.... a Writ Order or direction particularly, one in the nature of writ of Mandamus, directing the Central Bureau of Investigation,i.ethe 2nd respondent to take over the case and investigate into the CrimeNo.l6 of 2022 dated 09.05.2022 registered for the offences U/s 120(b), 409, 420, 34,35,36,37,166,167,217,218,of IPC and Sec 13(2) R/w Section 13(1) (c) 86 (d) of Prevention of Corruption Act 1988 of AP ClDMangalagiri, Guntur Dist, Andhra Pradesh, within the supervision of this Hon'ble court in a time bound manner as the respondent NO 6 has colluded with the un-official respondents especially with the respondent no 7 who is present Chief Minister of the Andhra Pradesh also reviewing authority of the performance appraisal of AP CID DGP vide its GO RT NO 726 dated 10.04.2021 and conducting biased investigation is nothing but illegal arbitrary and infringement to the fundamental rights guaranteed to the petitioner under Articles 14,15,19 and 21 of the Constitution of India, including the right to equality before law, non-arbitrary State action, and the right to a fair investigation as an inseparable facet of the right to life and personal liberlyand consequently direct the respondents CBI to complete the investigation in to the crime within time bound manner considering the seriousness involved in the case.”

2. Upon hearing the submissions of both parties, the present petition is hereby disposed of, at the stage of admission.

3. Heard Sri Jada Sravan Kumar, learned counsel for the Petitioner, Sri Mukul Rohatgi and Sri Anurag Ahluwalia, learned Senior Counsel assisted by Ms.A.Jayanthi, learned Government Pleader for Home and Sri C.Panini Somayaji, learned Additional Public Prosecutor for CID. Sri P.S.P.Suresh Kumar, learned Special Public Prosecutor for CBI is in attendance.

4. Learned counsel for the Petitioner would submit that Crime No.16 of 2022, registered by CID, Andhra Pradesh, involves serious allegations under the Indian Penal Code and the Prevention of Corruption Act, 1988 relating to decisions taken between 2014–2019 concerning the Amaravati Capital City project. In the present crime, charge sheet is also filed in February 2024 and the case is now at the stage of trial.

Learned counsel would further submit that, preliminary enquiry has been conducted in the present crime, voluminous documents have been filed and charge sheet has also been filed in February, 2024 before the ACB Court, Vijayawada. It is further submitted that, charge sheet was returned on 02.03.2024 on technical grounds. Subsequently, the Government has been changed. Learned counsel would further submit that the prime Accused in this crime is none other than the Hon’ble Chief Minister of State of A.P. As per G.O.Rt.No.726 dated 10.04.2021, the Chief Minister is the functional authority and performance appraiser of all IPS Officers in the State including the DIG, A.P.C.I.D. It is further submitted that AP CID Police are colluded with the Unofficial Respondents, who are political bigwigs and are trying to refer the case as “mistake of fact”. In such circumstances, continuation of investigation by a State-controlled agency fails to satisfy the constitutional standards of equality and fair investigation under Articles 14 and 21 of the Constitution of India. In support of their contentions, learned counsel has placed reliance on the judgment of the Hon’ble Supreme Court in Babubhai & Co., vs. State of Gujarat¹(1985) 2 SCC 732.

5. Pe