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Checking relevance for Kabir Shankar Bose VS State Of West Bengal...
Kabir Shankar Bose VS State Of West Bengal - 2025 1 Supreme 356 : Police can transfer an investigation from one police station to another, but such transfer is not routine. Under Section 173 of the Criminal Procedure Code, 1973 (now Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the power to transfer an investigation lies with the court, particularly constitutional courts under Article 32 of the Constitution, and is exercised only in exceptional circumstances. These include situations where there is a need to ensure credibility and public confidence in the investigation, where there are conflicting interests (e.g., when investigating state or central agency personnel like CISF), or where national or international ramifications are involved. The transfer must be done to ensure justice is not only done but also appears to be done. The court may order transfer of investigation to an independent agency like the CBI, especially when the investigation is at a nascent stage and there is a risk of bias or lack of impartiality. However, no party—accused or complainant—can insist on a particular agency, and the power is exercised sparingly and cautiously.Checking relevance for Sujatha Ravi Kiran @ Sujatasahu VS State of Kerala...
Sujatha Ravi Kiran @ Sujatasahu VS State of Kerala - 2016 4 Supreme 162 : Police can transfer an investigation from one police station to another only in exceptional circumstances, such as a reasonable apprehension that justice will not be done. Mere apprehension of the accused being influential or difficulty or inconvenience in pursuing the case at a distant place is not sufficient grounds for transfer. The power to transfer investigation must be exercised rarely and only in exceptional circumstances, typically when there is a lack of confidence in the investigating agency or in the national interest.Checking relevance for Rhea Chakraborty VS State of Bihar...
Checking relevance for Naresh Kavarchand Khatri VS State of Gujarat...
Naresh Kavarchand Khatri VS State of Gujarat - 2008 4 Supreme 410 : Yes, police can transfer an investigation from one police station to another. Under Article 136 of the Constitution of India, the High Court has the power to transfer an investigation from one police station to another. Additionally, the Code of Criminal Procedure confers statutory authority on competent authorities to direct the transfer of an investigation when it is determined that the original police station lacks jurisdiction. The court emphasized that while such transfers are permissible, they should not be done in undue haste and without proper notice to the affected parties. The case confirms that transfer of investigation is a recognized legal mechanism, particularly when jurisdictional issues arise or when impartiality is in question.Checking relevance for Rasiklal Dalpatram Thakkar VS State of Gujarat...
Rasiklal Dalpatram Thakkar VS State of Gujarat - 2009 0 Supreme(SC) 1708 : Yes, police can transfer an investigation from one police station to another. The legal documents confirm that an Investigating Officer is entitled to transfer an investigation to a police station having jurisdiction to conduct the same, as established in the Supreme Court''''s decision in Satvinder Kaur''''s case (cited in the document). This is consistent with the principle that while the Investigating Agency must conduct a proper and complete investigation even if it initially believes it lacks territorial jurisdiction, it may recommend or initiate a transfer of the investigation to a police station with proper jurisdiction. The documents also clarify that the final determination of jurisdiction lies with the Court, not the Investigating Officer, but the transfer of investigation is a recognized procedural mechanism under the Code of Criminal Procedure, 1973.Checking relevance for Akbaruddin Owaisi VS Govt. of A. P. rep. , by its Principal Secretary...
Akbaruddin Owaisi VS Govt. of A. P. rep. , by its Principal Secretary - 2013 0 Supreme(AP) 550 : Police officers in charge of a police station do not have the authority to transfer a complaint or investigation to another police station, even if they lack territorial jurisdiction. This is explicitly stated in the document: ''''Learned Counsel would fairly state that there is no specific provision in the Cr.P.C which enables an officer, in-charge of a police station, to transfer complaints registered in his Police Station to another, even if he lacks territorial jurisdiction to register the complaint and proceed with investigation.'''' However, the investigation may be transferred by a Magistrate or higher authority under specific provisions. For instance, under Section 156(3) Cr.P.C., if a Magistrate directs an investigation, the police officer must conduct it regardless of jurisdictional concerns, and the Magistrate, not the police officer, determines jurisdictional issues. Additionally, the High Court has power under Section 407 Cr.P.C. to transfer cases between courts, and Section 187 Cr.P.C. allows a Magistrate without jurisdiction to send a case to a competent Magistrate. Thus, while police stations cannot unilaterally transfer investigations, higher judicial authorities can direct such transfers.
