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2013 Supreme(SC) 753

B.S.CHAUHAN, SUDHANSU JYOTI MUKHOPADHAYA, KURIAN JOSEPH
K. V. Rajendran – Appellant
Versus
Superintendent of Police, CBCID South Zone, Chennai – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized:

  1. The case concerns the legal principles governing the transfer of investigation from a State investigating agency to the CBI, emphasizing that such transfers are to be made only in rare and exceptional circumstances (!) (!) .

  2. The court recognizes that the power to transfer investigations should be exercised cautiously, particularly when the investigation involves high officials, or there are allegations of bias, malafide conduct, or lack of credibility in the initial investigation (!) (!) .

  3. The legal framework permits transfer of investigation even after the final report has been filed, provided there are sufficient subsequent developments or reasons to justify such a transfer (!) .

  4. The court highlights that a long delay, such as over 15 years, and the transfer of officials during this period do not automatically warrant transferring the investigation, especially when the investigation has been conducted thoroughly and the final report has been filed (!) (!) .

  5. The decision to transfer investigation involves careful consideration of whether there are any new, substantial reasons that could undermine the credibility or fairness of the ongoing investigation (!) .

  6. The court emphasizes that previous orders and liberties granted to the petitioner to seek transfer remain valid, and that the petitioner can still approach the court if new material or circumstances justify such a request (!) .

  7. Ultimately, the court dismissed the appeal, concluding that no sufficient reason existed to interfere with the earlier judgment, given that the investigation was conducted properly and no new circumstances had emerged to warrant a transfer to the CBI (!) (!) .

Please let me know if you need further analysis or specific legal advice related to this case.


JUDGMENT

Dr. B.S. CHAUHAN, J.

1. This appeal has been preferred against the judgment and order dated 8.12.2011 passed by the High Court of Judicature at Madras in Crl.O.P. No. 9639 of 2011, by way of which the High Court has rejected the prayer of the appellant to transfer the investigation of his case/complaint to Central Bureau of Investigation (hereinafter referred to as the `CBI’).

2. The case has a chequered history as the matter has moved from the court of the Magistrate to this Court time and again. Facts and circumstances necessary to adjudicate upon the controversy involved herein are that:

A. The appellant, who is an Associate Professor in Physics in the Presidency College, Chennai, went to his village on 26.8.1998. At about 11.00 P.M., approximately ten people headed by the then Revenue Divisional Officer (hereinafter referred to as the `RDO’), forcibly took him in a government jeep and brought him to the Taluk office and enquired about why he had given a false complaint regarding the smuggling of teakwood in that area. The then RDO and other officials treated him with utmost cruelty and caused severe injuries all over his body and then obtained his signatures on blank paper


























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